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Freaking out

FavSM's picture

ok so our lawyer called today to let us know that BM filed an afidavid(not sure on spelling) to move to maryland in 16 months when shes done with school, apparently to be with some marine she meet, keep in mind she just told us that the guy she was seeing was cheating on her so we have no idea how long shes known this guy. So we live in iowa so maryland is a very long way away. DF and I are freaking out ive heard different opinions on what may happen, but we dont have anyting in the decree saying tha seh cant move away so im praying that isnt her loophole, bc right now we have joint custody with her and see the boys every wed and everyother weekend as well as holidays and weeks in the summer. But we have ben 2 court twice already for her keeping them from us and we are awaiting a court date for a 3rd time so i guess were just praying the judge wont let her take the bous but who knows, any advice???

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smurfy1smile's picture

In MN, the moving parent has to prove that moving would be best for the child - ie, a good job offer that cannot be found in the current area, moving because their spouse got a promotion that requires a move. I think both parents have to agree to the move and make arrangements for parenting time - like who pays how much for travel expenses. I friend of mine who used to live in WI wanted to move to MN so she sent her ex a certified letter stating she wanted to move and he never responded so she moved with the permission of the court, of course. I don't think that wanting to be closer to a man BM recently met is a good enough reason for the courts to allow her to move. I think it would be a little differnet if BM had family in the area she wants to move to - like she is from their and since she is now divorced she wants to be closer to her family.

Good luck - don't freak out!

Nymh's picture

In my state, it's state law that if there is joint custody, one parent can't move outside of a 100 mile radius from the other parent without their consent. If the other parent doesn't give consent, they have to go through court and try to prove that moving would either be in the best interest of the child, that they would be willing to go out of their way to make visitation with the other parent possible, or that they were willing to give up physical custody of the child to move. Even then, the judge could still just say no.

*~So sayeth Nymh~*

Sita Tara's picture

So if you are stable and not moving, then I would say your DH could contest her move, and/or file to be the residential parent. If you have 50/50 you are in a much better place legally than if you were NCP.

It may get ugly though. At the very least the court could state that BM has to fly the child to you for most of your current schedule. That would take a lot of her money.
What does your attorney say?

"Om Tare Tutare Ture Mama Ayurpunye Jnana Putin Kuru Svaha"
~Sita Tara Mantra

Chel Bell's picture

I do long distance parenting w/ my Ex......at the time of his move we both lived in Fl., and like everything els about our divorce, we handled it ourselves. In my case...my Ex got a great job offer he could not turn down, and it benifits the kids big time.....so I agreed to it(w/ a heavy heart) and now they live in Austin, and I now live on the Cape, in Mass. I do know that if I wanted to, I could have dragged him to court, and fought him on it.......but I would not have gotton to far, because of his reason for moving. To take kids just to move closer to a BF or whatever he is, is not enough to support the move...not even close! I think you have a strong leg to stand on......I know it's scary right now, but the courts will see differently, especially because she has a "track" record of keeping the kids from you all."~waiting on the world to change~"