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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
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child custody abandonmentQuestion:

I recently moved closer to my kids and am seeking a modification of parenting time.

Now my ex wants to move farther away, but still within the 100-mile court-imposed limitation. I do not want her to move the kids out of their current school district.

I know I cannot stop her from moving within the court's prescribed boundary, but is there a motion I can file to allow them to stay in their current school or something to that affect?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Michigan child custody laws where I am licensed to practice.

In order to request a change in parenting time a party must show that there has been a change in circumstance that necessitates a change in the current parenting time schedule.

Your move closer to the children may be sufficient to request a review in the prior parenting time schedule based on the best interest of the children. However, if the move was not significantly closer to the children, the court may decide that your move is not a change in circumstance sufficient to warrant a modification.

Additionally, if your request for a 50/50 parenting arrangement amounts to a change in the custodial environment (change in custody) of the children, then the request must be viewed under a "clear and convincing" standard and will not be granted without meeting this threshold.

Also, you have asked about whether you can stop the children's mother from moving from her current home to a new location that is still within the 100-mile limitation set by the court. Generally, if a party is simply moving to a new location within the 100-mile limitation the opposing party cannot ask the court to stop this move.

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Education Decisions Post-Divorce

Your question does not indicate your current custody arrangement of your children, but if a party has joint legal custody then they have a say in the education decisions for the parties' children. If the children will be changing school districts this could warrant a motion to the court to stop the move as it is not in the best interest of the children.

It is important to look to the reason your ex is moving the children so far away. Many questions are reviewed when considering such a move, and the court would want to know this information when considering your request to keep the children in the current school district.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Ann Arbor Divorce Lawyer Laura D. Langenburg, contact Cordell & Cordell.


Comments (1)Add Comment
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Moving out of state without court permission
written by C. Jordan, November 01, 2012
My x wife has moved my children out of the state of Illinois into Indiana without the court permission or mine. What can be done about this and what penalties can be enforced on her?

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