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  1. #1
    Join Date
    Oct 2016
    Posts
    18

    Default Ex-Wife and Her New Husband Want to Move to Far Away State with Our Kids

    My question involves a child custody case from the State of: Alabama

    My ex-wife and I have joint custody of our two children. She is the custodial parent. We have a 60/40 custody split. However, my ex-wife's new husband has been offered a job clear across the country in Oregon. It is in the divorce decree that neither me NOR my ex-wife would leave the state of Alabama (more specifically, the general metropolitan area where we live) until both of the children are finished with high school, or are both over the age 18. Of course, her new husband has told her that that only applied to her as long as she was single. Her marrying someone who needed to move completely nullified that clause in the decree, or some such. Well, that is not true in the least. Whether or not he "needs" to move is not really clear at this point. He says that the job in Oregon is a better job opportunity. That may be true, but it's not like he is hurting where he is employed presently. He has informed me that he will be petitioning the court to allow them to move. So, does him getting a job offer so far away trump anything in the decree with regards to relocation? I know that I will have to go to court to oppose this, but is the burden to make a case more on me, or them? Also, assuming that the court grants them the right to make this move, what does this mean for my future visitation? Will I still have to pay the same amount of child support? Don't get me wrong, paying child support is certainly not an issue, nor is it something I am looking to get out of if they were to move. I am PRAYING that my ex and her husband do NOT win this. I am just wondering how that would affect child support payments going forward, seeing as how I would hardly ever see the children. Also, I heard that even if my ex and her husband were to win, they would be responsible for transportation costs when it came to visitation. For example, they would have buy my plane tickets to fly out to Oregon and visit the children. They would be responsible for getting the children to me during times like summer breaks and what not. Is there any truth to that? Any info would be greatly appreciated.

  2. #2
    Join Date
    Dec 2016
    Posts
    172

    Default Re: Ex-Wife and Her New Husband Want to Move to Far Away State with Our Kids

    You are going to need an attorney as soon as they file. Depending on the court, they could have a case. But it will depend on a lot of factors, including the judge. I do believe you can ask the ex to pay for travel as part of a relocation, if she succeeds.

    The fact that your order said no moving out of state does seem like it would help you, and it is likely that the new husband is wrong. But that doesn't mean a judge won't change the order if they make enough of a compelling case.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ex-Wife and Her New Husband Want to Move to Far Away State with Our Kids

    Quote Quoting oldsmom
    View Post
    You are going to need an attorney as soon as they file. Depending on the court, they could have a case. But it will depend on a lot of factors, including the judge. I do believe you can ask the ex to pay for travel as part of a relocation, if she succeeds.

    The fact that your order said no moving out of state does seem like it would help you, and it is likely that the new husband is wrong. But that doesn't mean a judge won't change the order if they make enough of a compelling case.
    It doesn't help him at all; it's unenforceable. The court cannot dictate where Mom or Dad lives. The court can only dictate where the CHILD lives.

    Dad, get thee to an attorney - now. If you're willing and able to be the custodial parent, that's your first move.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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