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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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Ask a Lawyer: Can she take my children out of state?

Nov 29, 1999

Question:

If my soon to be ex-wife plans on moving back to California to be closer to her parents and grand-parents what are my rights as a father. Can she up and move with the kids without my permission?

Answer:

I cannot answer your question specifically to the laws of Washington as I am not licensed in that State. In my jurisdiction the answer would be no. Missouri has a statute that requires the moving parent to notify the other parent sixty days in advance of a move. The non-moving parent can then file a Motion in Opposition to the Relocation to keep the children from moving. The standard is the best interest of the child. It would be difficult for a court to approve a relocation shortly after the divorce and would be upset that the matter was not brought to them originally.

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Ask a Lawyer: Moving a child out-of-state

Nov 29, 1999

Question:

I'd like info on moving children out of state. It's regarding my boyfriend's children. He and his wife are divorced. They have joint custody. She is threatening to move with the children out of state. If so, who is responsible for getting the children to the father on his weekends and holidays and his time with the kids. Is she able to just up and move away with them?

Answer:

I am not licensed in the State of Utah and therefore I cannot answer your question specifically as it relates to the laws of that State. Many jurisdictions have statutory notification provision for relocation. If the mother has provided the required notice it maybe your boyfriend's obligation to file a Motion in Opposition to Relocation and/or a Motion to Modify the custody and/or visitation. Perhaps if the move would still allow the same amount of time he could just file to modify the transportation provision. If the present plan is not capable following the move, a mediated settlement of the issue or court determination is necessary to modify the present terms of the parenting plan after the move or for the court to prevent the children from relocating.

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Ask a Lawyer: Wife has accepted a job out of state and wants to take the kids.

Nov 29, 1999

Question:

The divorce papers have been filed but the wife has not fullfilled her obligation of taking the 4 weeks parenting course. She has just informed me that she is accepting a promotion in Los Angeles and is taking the kids. As it states in the divorce papers, we have joint custody. The box is not checked for approval to move more than 60 miles further distant than the other parent without advance notice because good cause exists. Can she do this and do I have any recourse?

Answer:

I am not licensed in the State of Oregon and therefore cannot answer your question specifically to the laws of that State. I am not familiar with the particular aspects of your jurisdictions forms. If I understand the facts a petition for dissolution was filed, a settlement was reached and submitted to the court, but the court has not signed because your wife has not taken the necessary parent education class. If that is correct, file a motion with the court to revoke the settlement, move for temporary custody of your child and proceed with a contested divorce. The fact that she is relocating often gives you an upper hand in a custody dispute.

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