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I am relocating from MD to VA for work with my two children, can my exhusband stop me?

Hagerstown, MD |

We have two children and i have sole physical and legal custody. We have no specifics in our divorce decree besides he has every other weekend visitations. He doesn't contact my children at all until his weekend so it won't interfere with his visitations. Right now we are 30 mins apart and we switch I drop the kids off on Friday and he drops them off Sunday. We will be 4 hours apart and i will be asking him to meet halfway Friday and Sunday. My questions are can he stop me from moving and what if he doesn't want to meet halfway?

Attorney Answers 3

Posted

It sounds as if the only interference with the move will be the exchanges. If the specifics of your order do not detail how exchanges should occur, then he should be willing to work with you to accommodate the move. Keep in mind, he has the ability to file for a modification based on your move. If the Court finds that this is a substantial change in circumstance, it will then evaluate what is in the best interests of the children, including the manner in which they are exchanged for the purposes of visitation. You should speak with a local attorney to discuss all potential ramifications of the anticipated move.

This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland.

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Posted

Move away cases can be difficult and complicated or they can be simple and easy if the other parent does not oppose the move away. I recommend you consult with an attorney to review your options if it looks like the father will oppose the move away.

This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.

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Posted

Yes, he could attempt to stop you. A 30 min versus a 4 hour difference is quite a change. It is enough for him to request a modification of custody and access. Whether he is successful depends on current conditions and why you obtained sole physical and legal custody to begin with.

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