I think this will all depend on what you and the ex can agree on as far as visitations, what the reason for the move is, and what your ex feels is in the best interest of the children. Did your ex seem to be against the idea of you moving at all or mention anything about not attempting to allow a change?
If you and he can come to some agreements on how to best serve the children’s needs by keeping opportunities to visit at a maximum, giving your ex the ability to keep in contact with the children, and willingness on your part to meet 1/2 the travel expenses for visits, there may not be a need to go to court. If you can approach it correctly with the ex and let him know that you do not intend to try to keep them away, he may be more inclined not to fight.
I have been calm and willing to work something out - the reason for the move is my fiance cannot relocate due to his job - the fathers just don’t want another male figure in the kids life - I have never stopped them from visiting even living local - I go above what is ordered by the court - my sons father wants to give my son the option and my son only wants to stay for his friends - he does not want to live with his dad he only wants to be near his friends - so his father is pushing to give him what he wants - my daughters father is still bitter over the divorce and does not want to be cordial about anything so trying to talk calmly with him is very difficult - we generally communicate by email due to his lack of calmness - he also is not stable and was not stable when we were married and I feel strongly that he will not be able to provide for our daughter full time as he does well to support himself - my son’s father on the otherhand is stable like myself and has a very similar setting in lifestyle
I have been calm and willing to work something out - the reason for the move is my fiance cannot relocate due to his job - the fathers just don’t want another male figure in the kids life - I have never stopped them from visiting even living local - I go above what is ordered by the court - my sons father wants to give my son the option and my son only wants to stay for his friends - he does not want to live with his dad he only wants to be near his friends - so his father is pushing to give him what he wants - my daughters father is still bitter over the divorce and does not want to be cordial about anything so trying to talk calmly with him is very difficult - we generally communicate by email due to his lack of calmness - he also is not stable and was not stable when we were married and I feel strongly that he will not be able to provide for our daughter full time as he does well to support himself - my son’s father on the otherhand is stable like myself and has a very similar setting in lifestyle
The court will make a decision about relocation on a case by case basis. If you already have a court order you would have to prove that there had been a substantial change in circumstances and a change in the custodial arrangement is in the best interests of the children. Even if you had sole legal and physical custody your ex could still go to court and ask that you be ordered to remove the children from the state.
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Helena M. Nevicosi
Attorney with Rosen Law Firm
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I am a single mother of two and I am engaged and will be relocating a few hours from my kids father - I currently have sole custody of my son and joint custody of my daughter - the papers for my son state different requirements for moving than the papers for my daughter - my son we just have to make new visitation arrangements after so many miles - with my daughter I have to give a notice of intent to move - I have giving my notice of intent to move and I have mention to my son’s father that we are moving - my question is if I have had sole and primary custody of my children and we have lived stable and comfortable this way (my son for over 10 years & my daughter for over 2 years) what is the liklihood that the judge will rule against me and not allow them to move with me if a fight takes place over them staying where they are currently at?