Can my ex wife move with her new husband out of state with our children if we have joint legal custody? 7 Answers as of August 13, 2013

She hasn't had a stable household for sometime now. Neither of them are working. They live off of child support and have been living with her uncle, his family, cousin and her new born.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Diane l. Berger | Diane L. Berger
Your former wife cannot make any decisions about the minor children without your consent if you have joint legal custody. If you believe she is going to leave the state you should file a Motion asking for physical custody of your children or, in the alternative, that she not be allowed to remove the children from the state.
Answer Applies to: Nebraska
Replied: 8/13/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona there are specific requirements in the statute for relocation of children subject of a court order for parenting time. You need to be proactive about this. You should immediately consult with an experienced family law attorney to review your facts.
Answer Applies to: Arizona
Replied: 8/13/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If she does, you can petition the court to have her bring the children back and you can take care of them. You could petition ahead of time, but then she will just say that she isn't leaving.
Answer Applies to: Idaho
Replied: 8/12/2013
Sternic Law Offices
Sternic Law Offices | Ivan M Sternic, MD JD
Your Joint Parenting Agreement and Settlement Agreement shall have provisions addressing this issue. However, if Parenting Agreement does not provide circumstance under which on can remove the children out the state, she must provide a good reason for doing so. Also, if your ex has unstable relationship and has no employment, you may want to consider custody modification provided that your situation is such that will provide kids with the better environment.
Answer Applies to: Illinois
Replied: 8/12/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
No. Your ex-wife will need written permission from you or she must obtain permission from the Court. If you believe your ex is moving with the children, I would recommend filing papers in Family Court to prevent her to move. I would also recommend hiring an attorney to better serve your interests before the Court.
Answer Applies to: Nevada
Replied: 8/12/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    Relocation out-of-state requires other parent's approval or an Order issued by the Court. In order to move good cause needs to be shown. The test in most jurisdictions require that the move be in the best interest of the child, while others (like New Jersey) just needs a showing that it would not be harmful to the child.
    Answer Applies to: New Jersey
    Replied: 8/12/2013
    John Russo | John Russo
    No not without court approval.
    Answer Applies to: Rhode Island
    Replied: 8/12/2013
Click to View More Answers: