I am moving out of state with my children. I have physical custody of my children and their father wants to stop carrying health insurance on them. It is in the divorce papers that he has to. Can he amend these?
2 Answers from Attorneys
No one here has read your papers so no one here can answer you. You have the papers. If you are unsure what is in them, or if he is violating them, call the lawyer who handled your divorce to advise you. Also find out if moving out of state will cause you legal problems, such as a change of custody case.
Without knowing what your parenting plan states, a move is considered a change of circumstances which can result in a modification of custody, visitation, child support, etc. Just because you have physical custody does not give you card blanch to move. You have the right to move and your ex-husband has the right to file a modification. I recently had a case wherein the mother moved out-of-state and the in-state father was awarded custody. There are many factors a Judge looks at when determining a modification. If your ex-husband is required to provide health insurance, he cannot stop it just because you are moving unless there is some provision in the paperwork. You need to immediately speak to an attorney so you understand the potential ramifications of a move.