What can I do if my ex-wife wants to move with my children?

Full question:

My ex-wife wants to leave the state with my children. I don't want them to move and I would like to know what I can do. Their ages are 3 and 4. She has legal custody. Do I have any rights about my children?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: New York

Answer:

What do your divorce papers say about moving with the children? Consider whether the move will affect your visitation rights. Check if the papers require her to notify you before relocating.

In the past, it was challenging to move children away from a parent. While laws have changed, the best interest of the children remains a key factor. You may need to modify the divorce papers to clarify visitation arrangements.

If a court determines that the move is not in the children's best interest, it might alter custody. However, given their young ages, it could be hard to prove that moving would negatively impact them. It's advisable to consult a local attorney if you can't reach an agreement.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Your ex-wife may need permission to take your children out of state, especially if your divorce agreement includes specific provisions about relocation. If she has legal custody, she may have more rights, but you can challenge the move if you believe it is not in the children's best interest. It's best to consult with an attorney to understand your rights and options.