Can I move back to my home of record state after my divorce with children ?

Asked 9 months ago - San Antonio, TX

I moved out of my home of record state with my husband when he joined the military. Twenty-three years, a bunch of moves and him getting out of the military later we are now divorcing. I have no support nor family where we reside currently. I would like to move back to my home of record state where I will have support and family after the divorce with our 2 children ages 11 and 17 that I have been a stay at home mother of.

Attorney answers (4)

  1. Maria Sara Lowry

    Contributor Level 20

    Answered . Hire a lawyer.

    The divorce decree will probably include a geographical restriction on the children's residence. It is usually the county in which the divorce takes place plus the counties that touch it. This is so that the other parent can have visitation with the children.

    Hire a lawyer if you want to avoid a geographical restriction. A lot will depend on which court you are in. Also, if there is no geographical restriction and you do move, you will have to pay all the travel costs (gas, plane ticket, hotel, etc.) for your ex to have his visitation periods.

    Talk to your lawyer about what spousal maintenance/support may be available in your case.

    You are probably entitled to a portion of his retirement benefits and you WILL need a lawyer to draft a QDRO to divide the benefits.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more
  2. Orlando Kell

    Pro

    Contributor Level 10

    Answered . It all depends on what your decree says. If the decree does not expressly state that there is a geographical restriction on the primary residence of the children, then most Judges and attorneys agree that this means the primary custodian can relocate the children wherever they'd like. However, just because the decree does not impose a restriction doesn't mean a Judge wouldn't ultimately legally prohibit you from leaving. Your husband could file a petition to modify the original order - asking that a geographical restriction now be imposed. He could also request a temporary restraining order immediately prohibiting you from leaving until the matter is addressed by a Judge within 14 days.

    Regardless, also keep in mind that it's common for many standard visitation-type orders to contain a provision that says if the parties reside in the same county at the time of divorce and one party chooses to relocate post-divorce, then the relocating party must provide for the pick up and return of the child from the non-relocating parent's residence.

  3. Keith G Langer

    Pro

    Contributor Level 19

    Answered . Your divorce decree should make reference to the relocation of children; if not directly, in the custody and parenting plan.

    Review the agreement with your attorney and see if a need to file a modification exists.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.
  4. Kelly G. Lambert III

    Pro

    Contributor Level 13

    Answered . Typically moves out of state are addressed in custody/divorce judgments - and most of the time they are not allowed, without approval of the court.

    You can request permission to move from the state with the children - you will have a pretty significant burden, to prove that the move will improve the finances and lives of you and the children (and is not simply a ploy to complicate parenting time). It is also best to address how the other parent will be allowed to see the children a similar amount of time - even if it is on vacations/school breaks.

    This can be difficult to do - and you really can only ask once. I recommend you get an experienced family law attorney to help you.

    Kelly G Lambert III

    Mr. Lambert is licensed to practice law in Michigan. The response herein is not legal advice and does not create... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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