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Can my ex wife move my children out of state?

Belvidere, IL |

My ex wife and I have 2 children and are divorced for a year. I am transferring to Indiana from Illinois and my ex informed me that she is going to move to Florida with my children. We have joint custody. The kids live with her and I pay child support and get them on the weekends. Can she move them to Florida without my consent? What can I do to stop her from doing that?

Attorney Answers 3

Posted

If you have joint legal custody and joint phsyical custody she should not be able to move them without your assent or a court order. Take care and be careful that she just doesn't move, it is hard to put that toothpaste back in the tube and much easier to stop a move than bring them back. You may want to go to court and seek a protective order in advance, you will need some proof. Work with a good attny there are many wonderful ones in Illinois. Take care and I hope things work out.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

You need an attorney ASAP. File a motion to prevent her moving or at least for modification of visitation. There are many good familty law practitioners in your area. Good luck to you.

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Howard M Lewis

Howard M Lewis

Posted

always great counsel

Posted

You need to consult with a divorce lawyer ASAP. You get one chance to address this properly - it is not a dress rehearsal. Act wisely.

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