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My ex husband and I divorced in around 2009, I have had physical custody of our son while my ex has visitation under a different type of custody (the title escapes me). While living in the same city as my ex, he has visited with our child rather rarely. He makes our child promises to visit and hardly ever shows save for once in a blue moon. I've remarried and relocated twice, both times, I sought out my ex husband to go to the courts to make sure that this move was legally documented. Both time he had refused to show, stating that he "had no time for stupidity". Eventually, I managed to get him to send me a notarized letter stating that he was aware of my relocation and that such was fine. I do not feel like having this turn into an insane fight, I just want to be able to live life and relocate as needed without constantly trying to get my ex husband to submit paperwork or his consent in writing for me to do so. (More information upon call back)
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I'm not sure what your divorce order says, but it is unusual to have to obtain your ex-spouse's consent to relocate. Ordinarily you are only required to give him 30-days advance notice of your change of address pursuant to Virginia Code 20-124.5. However, if your relocation interferes with his visitation schedule, that could put you in violation of those provisions of the court order. If your custody order has a special provision that requires you to have him sign off on your intent to move, then it may be time to revisit that provision and try to have it changed. However, a change to sole custody may not necessarily change that particular provision; they are two separate issues.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Feb 03rd, 2014 at 4:10 PM