QUESTION
What can I do if my ex spouse claims she's moving 1500 miles away with my daughter in August?
Asked on Feb 12th, 2014 on Child Custody - Texas
More details to this question:
My daughter's mother wants to move to Houston this summer because her first born plans on going to college there in the fall. Our daughter is 11 and I am very active in her life. I see her 19 out of 30 days per month (I only live less than 10 minutes from her so it's easy to see her often), no courts needed for child support because I've always upheld my financial responsibility towards my daughter, and from K-5, I've maintained communication with all her teachers and through the years they have contacted me for all academic concerns. She also has her own room at my house. I'm involved as much as I can be (well, I'm sure could do more). I also have a great relationship with her other daughter who is going away to college. I've stayed involved in her life since her mother and I split up over 7 years ago. So my question is: Can she just decide to move 1500 miles away if I am against it? If I thought it was in the best interest of my daughter, I would encourage it. But, I clearly do not believe it is.
7 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona there is a statute that provides for what must occur if a parent wishes to relocate a child more than 100 miles. Here is a link to that statute, Arizona Revised Statutes section 25-408: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00408.htm&Title=25&DocType=ARS You should consult with an experienced Arizona Family law attorney to discuss what you should do.
Answered on Feb 19th, 2014 at 7:25 PM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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In New Jersey, you can file a motion seeking to prevent her from taking the child out of state. The Judge will then decide whether or not the mother has a good enough reason to take the child to Texas. Seems to me that just because her other child wants to go to TX is not a good reason to separate the 11 year old from her father when father and daughter are so closely bonded and deeply involved in each other's lives. I think a Judge would agree that the detrimental effects upon the 11 year old outweigh any possible benefits to the older child. Also, who knows, maybe there are good reasons why the older child wants to go to school so far away from her mother when there are presumably equally good schools that are a lot closer.
Answered on Feb 18th, 2014 at 2:25 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If there is nothing in the court system now, you need to file the initial document to initiate a divorce. If there was a divorce filed, you need to file an application to amend, giving you the primary physical custody of the child and prohibiting her from being moved from the state you are in.
Answered on Feb 18th, 2014 at 2:25 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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She is supposed to give you written notice of her intention to relocate. You don't say if she's done so. However, since she told you her intent, you can file a notice of objection to relocation and ask for a modification of the parenting plan if the court permits her to move. You have the burder to show that the benefit of the move is outweighed by the detriment. It's a difficult burden to meet.
Answered on Feb 18th, 2014 at 2:24 PM
You need to get an atty immediately and request that your daughter not be moved out of state. Perhaps you should ask for custody based on the fact that Mom is moving from you and the only place your daughter has ever lived.
Answered on Feb 18th, 2014 at 2:24 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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So, you did not get a child custody order, did you? Well get one now. In Idaho, a standard child custody order provides that a parent cannot move to another state without the approval of the other parent or the court. You need to file a petition to determine custody now.
Answered on Feb 18th, 2014 at 2:24 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You can file a motion to prevent the move on the basis that it will not be in the child's best interest because she will be alienated from her father.
Answered on Feb 18th, 2014 at 2:23 PM