Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My ex-wife is moving to another state with our children, and we would like to move jurisdiction of our divorce and child custody case to that state since neither of us live in the state where we were divorced.

She is the custodial parent though we technically have joint child custody.

How can I move our case to another state, and what would be the approximate cost of doing so?

By Sara Pitcher

Mens Divorce Lawyer

At Cordell & Cordell, we advise our clients on the perils of moving out of the marital home before or during your divorce. In fact, it's listed as one of "The 10 Stupidest Mistakes Men Make When Facing Divorce" in Cordell & Cordell co-founder Joseph Cordell's book.

The party that moves out is less likely to receive primary custody of the children, less likely to be granted possession of the marital home by the judge, and has little control over what is done with property located inside the home.

But if you smartly refuse to move out and your wife, in all likelihood, also refuses to leave the home, what are your options to get her to move out so you are not stuck sharing a living space with the person you are least likely to want to see?

Question:

My ex-wife moved our children out of the county we both resided in and placed them in new school districts. The move has also prevented me from exercising my full allotment of parenting time, and I would like to file for temporary child custody.

Is there a way I can get temporary custody for the remainder of the school year so the children's lives are minimally disrupted and then we can figure this out over the summer? I just think it's wrong to make this move toward the end of the school year.

By Sara Pitcher

Cordell & Cordell Indiana Divorce Lawyer

Under what grounds can a parent move minor children after a divorce?

Most, if not all, states require that individuals subject to a parenting time or visitation order must file and serve upon the other party a notice of intent to relocate whenever he/she relocates his/her residence.

Question:

I need information on what state has jurisdiction for my child support modification.

My ex-wife and kids moved to the state I previously moved to (Wisconsin) after our divorce was finalized in Illinois. Our divorce decree states my child support payments are contingent upon my ex-wife selling the marital home. Well, she just left the home, let it go into foreclosure, and recently bought a home in Wisconsin; these actions should allow me to modify my support.

Will I have to file for the child support modification in Illinois, where the divorce was finalized and where the marital home was located, or can I file in Wisconsin where all the parties now live?