Question:
Well to start off, we have joint custody and the visitation is split evenly on a week to week basis. I provide the children with medical and dental through my employer. I was just informed that my daughters mom has filed a motion to move off island. My question is...Is it possible for her to do that when we share joint custody??? Is there any way for me to keep the children here with me? What do I have to do to prevent her from taking the children away?
Answer:
I cannot answer your question specifically to the laws of Hawaii as I (sadly for me) am not licensed in that State. It is possible for her to relocate with the children, but based upon the joint physical custody and the distance involved she would have a difficult burden. Obviously if she is moving to a different island you would not be able to share fifty-fifty custody. Her move would be much more difficult if she is moving to a different State as compared to a different island in Hawaii. You should file a Motion to Modify custody and if applicable to your State a Motion in Opposition to Relocation. The court will look at what is in the best interest of the children. You can not prevent the relocation of your ex-wife, but the court can prevent the relocation of the children. The age of the children, involvement of the children in the community, the location of other family, the involvement of both parents and of high importance is her reason for seeking to move.
