I want to include a provision in our child custody agreement preventing my wife from moving our children more than X miles away from me without my prior consent. She is refusing to agree to this relocation clause, though.
What are my options? Isn’t this a pretty standard child custody provision?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri child custody laws where I am licensed to practice.
In Missouri, where I am licensed to practice, absent agreement between the parties, relocation is governed by statute. A parent cannot relocate a child’s principal residence for a period of ninety days or more without notifying the other parent 60 days in advance of the relocation.
The non-relocating parent then has the opportunity to file a motion with the court seeking to prevent the relocation. The relocating parent then has the burden of proving to the court that the proposed relocation is in the best interests of the child.
Thus, even if you cannot get your wife to agree on including your “relocation consent” clause in your custody agreement, you at least know states such as Missouri have child custody laws which can make relocation difficult.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.