QUESTION
Can the custodial parent say that she can move within 100 miles from the non-custodial parent into a legal separation agreement or divorce agreement?
Asked on Nov 28th, 2012 on Divorce - Ohio
9 ANSWERS
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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The issue would be enforceability, since it is the child's rights that are involved. Generally I would expect such a provision to include a requirement of advance notice to the other parent to allow him/her to contest the move based on possible detriment to the child.
Answered on Nov 29th, 2012 at 11:02 PM
Any party can say/request anything they wish to be placed into an agreement, however, whether or not the other party will agree is another matter. That is what 'negotiations' are all about. Good luck.
Answered on Nov 29th, 2012 at 10:52 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The judge will usually approve whatever agreement the parents make and incorporate into the settlement orders.
Answered on Nov 29th, 2012 at 9:33 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If the parents are in agreement, then yes, they can agree to the relocation. However, if not in agreement, it is possible that the moving party could be violating Florida statutes. You should consult with an attorney in order to best determine your potential rights and options.
Answered on Nov 29th, 2012 at 9:32 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can put that into an Agreement if you both agree.
Answered on Nov 29th, 2012 at 9:32 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If you are referring to a stipulated agreement the parties must agree to all terms that will be in the agreement. Any terms not mutually agreed on can not be put in the agreement and if they are you should not sign it. If the issues can't be resolved your matter will have to proceed to court and a judge will decide what will go into the final order.
Answered on Nov 29th, 2012 at 9:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, there can be an agreement, in Michigan it is statutory as well.
Answered on Nov 29th, 2012 at 9:29 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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The judgment should specify how any move can occur. If not an attorney can make sure the right order is entered.
Answered on Nov 29th, 2012 at 9:27 PM
Bankruptcy Chapter 7 Attorney serving Akron, OH
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Alexander R. Folk, Attorney at Law
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An agreement is just that, an agreement. A decree is an order from a court and can arise out of an agreement or from a decision made by or certified by a judge. So, the answer is yes and yes.
Answered on Nov 29th, 2012 at 9:26 PM