Moving Child Out of State


#1

My ex-wife and I have a child custody & support order regarding my 15 year old son that has been in effect for several years. Recently, she informed me that her husband found a new job in Texas and that they were going to be moving there with our son. Our custody agreement does not expressly prohibit her move however we cannot come to an agreement on visitation. Our visitation agreement is rather specific but includes a provision that we can freely modify per mutual agreement. She insists that she can move my son without my consent, that I will only have visitation twice per year and that I will need to pay 50% of his travel costs. I asked to see him three times per year and that she bear the cost to transport him back and forth.

If she proceeds as she has stated, would it be a violation of our custody order? If it is not, can I file an emergency order to prevent this move at least temporarily.

I don’t oppose the move but I want the appropriate amount of visitation and I don’t feel I should have to pay extra simply because she wants to move.


#2

You can certainly file for emergency custody, based on her plan to move him out of state. Temporary emergency custody orders may be entered to prevent a child’s removal from the jurisdiction.