Ask A Lawyer: My Ex Plans To Move With The Kids

Question:

Currently, I live in Pennsylvania and the ex lives in Arkansas. We have joint legal custody, and she has primary custody.

I found out through the kids that she plans to move for a new job in Tennessee. She and I do not communicate. I object to the move, because the reason the courts allowed her to move to Arkansas was because the entire extended family is there. She has no friends or family in Tennessee.

Is she required to provide me with a notice of intent to relocate? If she moves without my consent or the court’s consent, what can I do?

 

Answer:

Most likely she will need to provide notice or request a hearing.  Her burden of proof is to show that the move will improve the quality of life for the children.

On the other hand, you must have a plan for the children if the court denies her request to move and she intends to move anyway.  You also need to have an alternative for the children.  If she moves without consent or notification, you can file an emergency pleading to bring the children back to Arkansas or to you, pending the court’s final decision on her moving.

 

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.

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