Currently married have two young boys. The boys’ mother has been founded for neglect in past but still gets to see them albeit limited. My wife has a TBI from a car accident. The barometric pressure down there allows her to have less migraines. My job as a teacher pays more down there and would improve family for boys. She could go back to work also sooner. Their mother won’t allow the move. We are trying to come up with as much as we can a plan that allows most visitation still on breaks and communication. What’s our next step with mother saying no?
A lawyer will help you negotiate the matter. You will probably have to have a hearing in court to determine if it is in the kid’s best interest.
IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about. Remember that it is the Lawyer who: Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.
Burden on you to establish that move will benefit children. Before embarking on this, you should consult with an attorney in your area. On your own, you are likely hopelessly lost.
If your allocation judgment provides that you go to mediation for custody, you will have to try to resolve it that way first. You would send her written request for mediation and if she says no, then you will have to petition the court for permission to relocate the children more than 25 miles. You hit some of the points that the court will be looking for, better standard of living, a job lined up, a medical reason (not just leaving on a whim or to take the children from their mother), working on a schedule that provides as much parenting time as she currently has. Relocation petitions are pretty difficult so you should hire an attorney for this one if there is no success in mediation.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline