what are the giude lines on my kids mother moving them to another town, the kids are 5 and 7 years old but it is in the same state . can she just pick up and move them without giving me notice?
Your ex does not have to give you any advance notice of her move. She must, however, comply with Chancery Rule 8.06 by notifying you in writing within five days after the move, at your address and to the Clerk of the Court which has entered the order providing for custody and visitation, of her new address and phone number. If she fails to do this, it could be treated as contempt of Court.
You can take your ex to Court if you desire to request a change in the visitation schedule, if it will no longer work or ask for a change in custody by alleging a material change of circumstances has occurred. The move in itself is not a material change in circumstances adverse to the best interest of the child, but there are other things to consider. If your ex moving for economic reasons (better job) or better support network (family to help with the children), then her position becomes stronger, particularly if she receives little support from you. A move that does not improve her and the children’s current situation would improve your chances of success. You may also want to address the additional transportation cost. Most judges would prefer that you both meet with the children somewhere in the middle; however, some are of the opinion that the party moving away should pay all of the additional transportation expense.
Speak to a local family law attorney to explore your options.
This reply is provided for information purposes only and does not represent legal advice or an attorney-client relationship.
You have a custody order in place, right? If not, she can do whatever she pleases. If so, you can return to that court for a modification of the custody orders and ask the court to consider what new custody arrangements are in the best interests of the children. It is not a matter of notice, but rather what is best for the kids. If she moves them without seeking your permission or giving notice, she risks a court order that changes the custody to you, or perhaps redefines your custodial times to be fewer but longer in length. Of course, the court will consider your own track record of exercising your contact rights in determining whether her move has disadvantaged you.
Best wishes for a favorable outcome, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
If there is an Order in place- which based on the fact that it is your ex, is a safe assumption, there likely is an Order- the Legal custody within that Order could in fact require that you be consulted prior to a move. If you have Joint Legal custody - with her having Primary Physical - which is the most common arrangement- she has an obligation to consult with you about significant happenings in the children's lives. While this is not seeking permission it could require notice, judging from your response to the prior attorneys you need to see a local attorney and get informed of your rights.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline