I have joint custody and physical custody of two of my kids. I want to move out of state for better job opportunities and know my ex won't approve. i don't want to give up my kids but giving my ex custody and me getting visitation seems the only option. how do i and can i do this?
1 Answer from Attorneys
Statutorily you must give "reasonable notice" (in writing) and file a copy with the court. Reasonable is at least 30 days; 60 is better. Also, check your judgment of dissolution for a stated notice period. In the meantime, I strongly suggest that you start discussing this move with your ex with the goal of coming to some agreement on what parenting time/custody would work best for the child. If you can't agree then you will need a hearing and subsequent order. Your ex will want to file a motion for modification of custody and/or parenting time. (She will also probably ask the court for a status quo order to prevent you from moving with the children until the motion is litigated.) Alternatively, you could file the motion even if she does not want to. The point is that it is best to get a court ordered change of whatever is needed because it is probably going to be impossible to follow the existing parenting plan after you move. If you are somehow not complying with the existing parenting plan you could be held in contempt (try not to go there). Try to be as proactive as possible to get a new court order, by agreement or by hearing, so that you are not battling this out at the last minute when you need to be relocating and starting a new job.