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Author Topic: Moving out of state  (Read 2387 times)


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Moving out of state
« on: Jun 23, 2012, 03:39:24 PM »
As part of our divorce decree, we would have to go back to court if one of us wants to move out of state. We currently have 50/50 split custody of our son. I was recently laid off from my job, and am looking at jobs out of state now as there really isn't much here within my career field, and it would be much better financially and in terms of stability if I were to move. Has anyone had any experience in trying to get custody changed to move out of state with your child? He is about to start school in a few months (kindergarten), so that really wouldn't play an issue just yet. Also, as part of our agreement, I am to request this from my ex first before going to the court for the change in custody. I know he will not agree, so this is more of a formality. Any suggestions on how to word this or what to include in it?


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Re: Moving out of state
« Reply #1 on: Jun 23, 2012, 03:44:55 PM »
If he won't agree, you would have to go to court and have a trial. You would have to prove why the child should move away from his dad, school, friends, and activities. You need to prove it is in the best interest of child. By the time this went to court, the child would be in school as it takes months to get through court. Many states make it very hard to move away with child if other parent is in the picture.

Look at the school schedules in both areas. See when long vacations are/summers/close enough for long weekends? You can offer him most/all of those or you can offer him school custody and you have summer custody and those vacations. The parent that moves pays for transportation to other parent in most cases.

Economy is very tough but a child needs both parents. It would be good for court if you had a job lined up and proof you tried in your area.


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Re: Moving out of state
« Reply #2 on: Jun 24, 2012, 06:59:05 AM »
And if I remember correctly -- not too long ago, here on this board....
You mentioned EX is military and HE might ask to move....and we (normally) take the position of "fine, let the parent move, but the child stays.
You might be better off letting him move away, and then you move later once you get primary custody.


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