Joint custody - moving out of state legal?


#1

In our divorce decree, my exwife and I have joint custody of our 12 year old daughter. She has primary custody though and has since our divorce a few years ago, simply because the school was much closer to her than me. Child support has always been paid (I pay it on my own, no garnishment or court order), visitation is always done and then extra, very involved and close to my daughter. My exwife’s intentions are to move to Texas this summer or soon after. My daughter has stated she wants to go with her when she moves. In our divorce papers, neither of us can take our child out of state without the permission of the other parent. She supposedly has already consulted with a lawyer and she was told that the judge will simply ask our daughter what she wants and let her go to Texas if that is what she chooses.

Do I have a case?


#2

It’s impossible to answer what the likelihood a judge will order that your ex-spouse have custody and be allowed to move based on such a short synopsis of the facts. A lot more is taken into consideration than the primary caretaker and the opinion of the child. You should have a consultation to discuss the intricacies of your case and determine what the best course of action is.