Can my ex wife move out of state and take our children?
She does not currently have my permission to do so.
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state.
In regards to your question, your wife cannot just take the children and move in most instances. In the state where I practice, we have a thing called the 100-mile rule, which states that a parent cannot move a child more than 100 miles away if the parents have joint legal custody.
This rule also includes that they cannot move the children out of state. In my state, in order to move the children to a different state, your ex wife would have to file a motion. She would need the court’s permission to move the children.
You would then have a trial where she would have to prove a handful of factors which include, in short, whether this move would make the children’s lives better, if it would make your ex wife’s life better, if each party is currently exercising their parenting time, if the move was motivated to frustrate your parenting time with the children and if you will still be able to continue to foster your relationship with the children by exercising parenting time based on the move.
The court also considers if the move is motivated by financial gain and if domestic violence was ever an issue. Also, and most importantly, the move has to be in the best interest of your children.
Again, this information is based on the law in my state, but I would assume that in your state, your ex wife would not just be allowed to move the children without your permission if you have joint legal custody. I would consult with an attorney immediately.