You are here


bmartinez's picture

Can my husbands ex force my husband to live in our current state due to their kid? 


ProbablyAlreadyInsane's picture

She can't force him to live there, HOWEVER, depending on the CO, he could forfeit custody or visitation based on him moving out of state. (by forfeit I mean there would be a change and he'd probably end up with a super basic long distance visitation wtih little involvemetn in the kid's life)

bmartinez's picture

That might not be the biggest issue for us. His mother tries to get rid of him any opportunity she has because shes a party person. We literlly can ask any day and time for him and she will say yes and then pick him up at 2am. She wont give him up because the likes the $$.

NotThatTypical's picture

In general no but there is a process. If moving would impact a current custody order the court will want more information.

Families move all the time. Its not as big a deal as people make out.

If he is "primary" and can show the move is for the good of the child (better job = more money = better quality of life) then they will allow and simply adjust visitation to offer bigger chunks they might also order him go cover more of the travel expenses.

If she is primary the court really cant stop you because you can't FORCE someone to "visit" their kid. If you fail to go through court though it can make it harder to get a visitation schedual adjusted that will benefit you if mom wants to fight.

If they have 50/50 you will have to petition the court to make a custody decision on primary. It can go either way and once it's made it's hard to reverse. It's not a guarantee they would decide her if you can prove your home is better suited.