my ex wife recently notified me that she wants to move from Vegas to Colorado and take my two girls ( ages 6 and 7), with her and her current husband. I was told by another lawyer, that the courts will grant her that right because she has primary custody. but in the divorce decree it says that she would have to get written concent from me in order to move out of state. is there any chance of stopping this from happening?
1 Answer from Attorneys
In order for her to relocate with the children outside of Nevada, she will need your written consent or the court's consent. Since you are not going to give her your written consent, she will need to file a Motion to Move with the Court. The court will consider a variety of factors in deciding whether or not to grant the move. The fact that she has primary physical custody could count against you, but it is not the only determining factor. The Court will look at the reason for her move, the current visitation schedule, her proposal for visitation for you in the event that she moves, the cost of travel between Las Vegas and Colorado, etc.
There is no guarantee that the court will grant the move just because she currently has primary physical custody. Do not give up hope! Yes, there is certainly a chance to stop her. No one can say for sure what the Court will do. The facts and circumstances of your case need to be evaluated. You will have to oppose her motion. Please contact me directly should you wish to hire an attorney.