Question:
How far can the mother of my children move given that I currently see my kids all the time and also pay child support?
Answer:
The first question I have is whether or not you have some type of agreement or court order regarding removal of your children from within the state or outside of your current state of residence.
Some agreements restrict the mileage of how far a parent can travel away from the other parent when children are involved and some do not.
In most agreements and court orders, the parent wishing to move would need to get your express permission to remove a child from the state or they would be required to seek judicial approval.
Since you see your children often, this will make removal of your children difficult if you do not approve of it.
Removal in most states is a high burden on the moving parent to prove that this change in location is in the best interests of the children and that it would not alter the relationship you currently have with your children.
Keep in mind, however, that child support and parenting time in most states are two completely separate issues. Just because you pay your support does not mean she cannot move.
Questions surrounding the children are always governed by the family court’s golden rule: What is in the best interests of the child?
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”