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My ex wife has moved twice without giving me notice, can i get an emergency injuction on our mutual consent agreement?

Lafayette, LA |
Filed under: Family law

she is pulling him out of perocial school here and into a public school out there. She moved to be closer to her girlfriend, the girlfriend does not want to deal with him so the ex is moving again. I never recieved written intent to move the first time. can a judge order my son to my custody, where he could stay in a school he excells at and the majority of his family (mine) all live here.

Attorney Answers 2

  1. What does your custody agreement say about what she can do or not do in terms of relocation w/o your consent? the devil is in the details and depending on what it says (or does not say) then you may need to file a petition with the court to reopen your child custody component based on the negative info you have about spouse that may warrant the judge granting you custody if she is endangering the child in some way and moving w/o valid reasons (which there may be).

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

  2. I agree with my colleague's answer, but wanted to add to it. How far away from her original residence did she move? Louisiana does have a relocation statute that prohibits a parent from relocating the child to any place in the state that is more than seventy-five miles from the principal residence at the time the most recent custody decree was rendered or relocating anywhere outside of the state. If either of these applies and your ex did not give you proper notification, the relocation may be sufficient grounds for a change of custody. You should consult with a local attorney who can better advise you of your rights.

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