Kansas  |  Family Law

Legal Question

Asked on: 5/29/00, 4:00 pm

Can my ex stop me from moving out of state?

My ex and I have been divorced since 1992, and the custody orser states that we have "joint custody" but I have primary residence. The children have lived with me the entire time, except for a 10 month period last year(I went out of the country, had an injury, and required surgery and physical therapy, but i am completely recovered now and able to care for the children). I now have an opportunity for a 13 week job in Oregon, after which I would return to kansas. I want to take the kids with me, but my ex says i need his permission and he won't give it. The divorce papers state that i must notify him in writing 21 days before leaving the state with the kids, if they will be gone 90 days or more. 13 weeks is just 7 days over 90. Also, nowhere in the divorce order does it speciafically state that he must agree, only that I have to notify him. He says it is just implied that he must agree. I need to let my potential employer know very soon whether i will accept this job, and dont have time for long litigation. Can he really prevent me from going there for this time period with the kids? Thank you for your time!

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