Can she do this and move the children out of state without my approval?

First, check your Judgment. Find out if she really has full custody or if it's joint custody. Also, find out what the Judgment says about either party moving. Often, we will include that the other party give at least 45 days notice to the other party to allow time for the non-moving parent to bring a motion to change the custody and visitation based on the other parent's move. Time is of the essence, you want to make sure the children aren't relocated before you get to court. A move away case is amongst the most difficult cases for Judges to decide because it means one parent will not get to see the children regularly. You probably want to hire an attorney to make sure your case is heard and presented with all possible legal arguments presented on your behalf. The Judge will need to make a new determination about the best interest of the children, he/she will consider the law, which includes factors like the relationship between the children and each parent, the need for stability (same school, same friends vs. new state, new friends, new school), but the most difficult factor will be the result on the children of losing their current primary parent vs. losing the regular relationship they have with their secondary parent (or making their secondary parent their primary parent upon the move of the current primary parent). I recommend consulting with an attorney in your area to make sure you can either put forward your best case for primary custody or the very best visitation schedule possible.

Read the decree carefully. If there is a residence restriction, it will be stated in the order. If there is no restriction, you are entitled to file a modification suit and ask the court to prohibit the move. I suggest you hire a lawyer.

Your ex-wife is supposed to file a motion for a change of domicile in order to get permission to move with the children more than 100 miles from the place where she resided at the time your divorce was filed, unless there is some other provision in your divorce judgment. You should take a copy of your judgment to an attorney right away so that he or she can advise you as to what it says about the issue and what your options are for dealing with the situation that you are facing.

You need to consult a family law attorney to review the Order and advise you. Normally, when there is joint legal custody of the children then court permission is necessary. Your order may be notification only so that you may have to bring a motion for change of custody based upon her moving.

First you should examine your divorce decree. It is a possible answer your question without additional details. Generally people with sole custody of the children are allowed to move with the permission of the court. However, you may have a right to protest or at least make arrangements for her to assist in the additional cost of your continuing parental involvement.

Each Judgment of Divorce should have a provision that reads: domicile or residence of the minor children is with both parents and shall not be removed from the State of Michigan without the approval of this Judge, or her successor, nor shall said children be moved over 100 miles from the family home. In order to move she needs your written consent or an order of the Court.

You said the key: You must check the divorce decree. It is likely in Ohio that the decree requires thirty days notice to the court prior to moving with the children. This is an issue best addressed before the move rather than after. Please see a family law attorney to prevent the move until after an agreed parenting plan can be created. Maintain material protected by lawyer-client privilege. If you are not the intended recipient, be advised that any use, dissemination, forwarding, printing, or copying of this e-mail and any file attachments is strictly prohibited. You must destroy the original transmission and its contents. Please consider the environment before printing this e-mail

The visitation and/or custody agreement may have to be amended which she can petition the court to have done. If Court order visitation, etc., she can't just change without asking the Court.

You can file a motion to restrict this move. Talk to an attorney to discuss your rights and options further.

In Idaho, a parent can only move out of State with the children if it is in their best interest or if the other parent agrees. Unless the custody order gave her the right to move without your permission, you should immediately go to court to let her know that you will not agree. Also in Idaho, just to move with your spouse is generally not sufficient reason to move.

You would have to check your divorce decree and review the relocation statute. Depending upon the terms, she would have to provide you notice and then you can file a petition to prevent relocation. I suggest talking to an attorney because for most parents who want to prevent relocation, the Courts are favorable. They generally want to see both parents involved with the children.

If you are in Florida, there is a statute that prohibits her from relocating more than 50 miles from her current residence. You should consult with an attorney as soon as possible. You can get an Order specifically stating that she cannot leave the State with the children.

Generally, Illinois law provides that a divorced parent cannot remove a child from state of Illinois without first obtaining a court order.

Find an attorney. Immediately file for a hearing to stop her moving out of state.