Moving out of state


#1

I want to move back home to be close to family. I have primary physical custody of our 2 children. We have a signed separation agreement which states:

“The parties agree to provide the other 90 days notice as to any anticipated move out of the area that would require a change in the children’s schedule outlined herein or affect either parent’s access to the children. The parties shall meet to discuss any necessary changes or to engage in mediation as to necessary changes. If they are unable to agree to changes, the status quo shall remain in effect until an agreement is reached or a court of competent jurisdiction has made a ruling”

he has visitation every other weekend. the move is only 2 hours away. it would not effect his scheduled visitation.

he has already stated that he does not want me to move. I want to be closer to my family, I also already have a job opportunity there. He was at fault in the separation (he asked for it). also, he travels for work almost 100% of the time.

what are my rights? can i move? what step should I take and when if I want to move in August?


#2

In my opinion, you can move, so long as you do not allow the move to affect visitation, meaning you would have to bring the children to him for his scheduled time.