Child's Base/Home (Legal Distance Allowed to Move)


#1

I am exploring the options that I have and need to know how far, legally, my spouse can relocate my 20month year old if we divorce. I am sole income earner and the house is mine, so she will be moving out. If we end, how far away is she allowed to move. She threatens moving 2 hours away, so I’m hoping she can’t legally do that and has to stay within a proximity to our childs base and the income that pays for her and my child. I know I’ll get stuck with alimony, and she’ll get more parental time with my child (because I work), but I need my child to be close so I can see her as often as possible.

I appreciate any help and legal knowledge on how far she is allowed to take my child away from her base/where I live/earn a living.
Thanks


#2

There is no legal distance, so to speak that she is allowed to move. There is no statute that says “a parent may not move the child X number of miles away from the other parent.”

If you move forward with separation, her impending move will be addressed during the legal process. You will either deal with custody via a separation agreement or a court order. If you execute a separation agreement you will negotiate the terms of her move - i.e., she must provide notice before moving outside of a 30 mile radius. If you go to court and obtain an order on custody, there will be a provision in your order that deals with a potential move by either parent. Whichever legal instrument you use to handle your custody issues will address the potential relocation. But, her desire to relocate 2 hours away would certainly be a factor a judge would consider in awarding custody.


#3

[quote=“Lindsay Willis”]There is no legal distance, so to speak that she is allowed to move. There is no statute that says “a parent may not move the child X number of miles away from the other parent.”

If you move forward with separation, her impending move will be addressed during the legal process. You will either deal with custody via a separation agreement or a court order. If you execute a separation agreement you will negotiate the terms of her move - i.e., she must provide notice before moving outside of a 30 mile radius. If you go to court and obtain an order on custody, there will be a provision in your order that deals with a potential move by either parent. Whichever legal instrument you use to handle your custody issues will address the potential relocation. But, her desire to relocate 2 hours away would certainly be a factor a judge would consider in awarding custody.[/quote]

Thank you for your reply and the information.