My ex-wife is threatening to move our 4-year-old son 3+ hours away. We currently both live in the same town, which is crucial for co-parenting. Our divorce decree has a custody arrangement, and I’m with my son more often than it states. She wants to move to be closer to the state capitol for her remote work. I know hiring an attorney would be best, but I can’t afford it right now. Can she do this? What can I do to stop it without hiring a lawyer?
My mom did this to my brother and I, and it was awful. It caused a lot of emotional trauma for us. For the love of your children, do not let this happen.
What’s worth more, a lawyer or your child? If you can’t afford a lawyer, how can you afford to take care of your child?
File immediately.
Check your divorce decree. Some have distance restrictions like 500 miles.
If she’s moving within the state, it might not matter. In some states, she can move without your permission.
500 miles is a lot, but 3 hours can be significant. You should look into getting a modification for 50/50 custody.
Apply for a modification of custody for a 50/50 split.
Document all the time you care for your son. You’ll need that evidence if you file to prevent her from moving.
If she’s moving within the state, she may have more freedom. In South Carolina, custodial parents can move anywhere without permission.
In Minnesota, she can move cities without permission unless it interferes with your time. Talk to her about how she plans to maintain your time post-move.
If you only have your son when it’s convenient for her, it’ll be hard to show harm from the move. You need to aim for 50/50 custody.
File to stop her move. Just because she’s the mom doesn’t mean she gets to decide what’s in the child’s best interest unilaterally.
You need to file to stop her and request a geographical restriction.
File to stop her. Go to court and state you don’t want your child moving.
She can move within the state without permission, but you can contest it in court. You’ll need evidence that the move would harm your relationship with your son.
There was no specific reason she got sole custody. We were amicable during the divorce. My decree states I have him Wednesdays and every other weekend.
The closer to 50/50 you can get, the harder it will be for her to move. You should file to adjust the order to reflect reality.
Get a lawyer ASAP! Check if your papers mention anything about moving.
Nothing about moving is in our papers.