me and my exhusband have joint custody, i would like to move out of the state with my son, and he lives with me currently...what do i do if my exhusband will not give his permission?
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Read More Answered By: Erin Levine |
You will have to file an Order to Show Cause or Motion requesting "move-away" with the Superior Court. If your ex-husband does not agree to the move-away, this issue can become really complicated (especially since you share joint custody). There is some more information I would need to know before providing legal advice such as (a) whether this is a pre or post judgment action; (b) whether one parent has primary physical custody; and (c) whether your current custodial order is a product of a stipulation (agreement) or a reasoned decision from the Judge after court hearing or trial. While there is no absolute or inherent right to relocate, you may request a move-away order. You will want to discuss the individual facts and circumstance of your case with a Family Law attorney to determine the strategy to employ when requesting a move-away order. Best of Luck! |
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