Question:
What are the child custody laws regarding keeping the custodial parent from moving with the children?
My ex-wife wants to move with our children to live with her friends who live more than 100 miles away. I do not agree with her choice and believe it will put our children at risk.
Can I file a Motion to Prevent Relocation to keep her from moving?
Do I have to to file for temporary custody on top of the Motion to Prevent Relocation?
Answer:
While I am not licensed to practice in your jurisdiction, I can provide you with some general divorce help for men regarding the issues you present in your question.
Whether or not that is the correct motion to file is a question you should address with a local attorney practicing in your jurisdiction.
However, if you are seeking to prevent your ex-spouse’s anticipated relocation, then I recommend that you move forward with filing the appropriate action and have your ex-spouse properly served as soon as possible.
In most jurisdictions, when an action involving child custody of minor children is at issue, a standing order will automatically be issued by the court which typically prevents the parties from traveling with the children outside the jurisdiction of the court.
In order to ensure the enforceability of the standing order, however, you need to have your ex-spouse properly served.
Whether you must file for temporary custody in addition to filing a “Motion to Prevent” may depend on the local custom in your jurisdiction.
However, even if you only intend on having the children temporarily, in order to protect yourself, you should file for temporary custody of the children.
You would want to ensure that any child support issues during that period of time are properly addressed by way of a court order (e.g., are you going to stop paying her child support during that period of time? Is she going to pay you child support during that period of time? If yes, how much and how often? What type of visitation schedule would your ex-spouse have during the period of temporary custody?, etc.).
As I stated previously, I am not licensed to practice in your jurisdiction. Therefore, I recommend that you seek advice on divorce from a local attorney that is more familiar with the procedure, custom, and practice in your jurisdiction before you take any legal action.
To schedule an appointment with a Cordell & Cordell attorney, including Kevin Mammola, an attorney in the Atlanta, Georgia office of Cordell & Cordell, please contact Cordell & Cordell.
