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After a custody decision is rendered in a divorce case, the non-custodial parent often has very real fears about their future with their children. If you’re a divorced father, and your wife has custody of the children, you may be worried whether she can move out of state the them. The answer is maybe. A minor child cannot be removed from their state of residence without approval from the family court that granted the initial custody order. If your wife is the custodial parent and wants to move out of state, she will first need to obtain permission from the court. If she moves your child away without the court’s permission and against your wishes, then your family law attorney can request that the court “punish” her with orders of contempt, which often include jail time and expensive fines.
It is possible for a move away order, enabling the custodial parent to move out of state, to be entered without a fight if both parties consent to it. If both parents agree to the move, a written agreement must be signed (referred to as a consent agreement), which is then turned into the court and approved by a judge.
If you do object to your ex-wife moving out of state with your children, your child custody lawyer will request a hearing before the court to determine if the move is in your children’s best interests. Your ex-wife must be able to prove that the move will constitute real benefits for your children and improve their quality of life due to:
- Increased income or a new job opportunity for the custodial parent
- Increased proximity to extended family, who can assist with child-rearing and support
- A new marriage
- New educational opportunities
The court will then compare these benefits to the potential adverse effects on your children from reduced visitation with you, as the non-custodial parent. The judge will then issue a ruling based on their beliefs regarding what is in the best interest of your children.
If your ex-spouse wants to move out of state with your children, your first step should be to immediately contact Bailey Smith & Bailey’s experienced family law attorneys for men. With more than 90 years of combined experience, we have the ability to help you achieve the best outcome in your custody case. Contact us today to schedule a consultation!
