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Des018 · Jan 12, 2008, 10:22 AM

My husband & I will be divorcing this spring and I wanted to move back home to Michigan with our three children. We are currently living in Maine and he's active duty in the Navy. Are there any laws that would prevent me from taking our kids to MI?

shygrneyzs · Jan 12, 2008, 10:30 AM

The court may not allow this if your husband states he is not in favor of this move. If you two will have joint custody, it will create a hardship for him to maintain his part of the custody. If you acquire full custody and he has visitation - it still may create a hardship for him. I do not know particulars here about your case - that is for your attorney and his attorney and the court to decide.

Fr_Chuck · Jan 12, 2008, 04:38 PM

In the divorce and children custody agreements, normally there are restrctions that do not allow you to move without the other parents permission.

This may or may not be in your court orders

Dana2007 · Jan 12, 2008, 05:12 PM

Have you talked to the kids about what they want?

Why do you want to move?

I hope that you take into consideration what the kids need.

There are some loony judges out there that think that visitation rights can be done over the internet. I hope you don't get one of those.

Kids need both parents.

ScottGem · Jan 12, 2008, 05:26 PM

As part of the divorce, he may get joint custody with visitation. If your moving interferes with the visitation then you could be prevented from moving.

Dana2007 · Jan 12, 2008, 05:43 PM

Kids need other family also like cousins, aunts, uncles, grandpa, grandma.

If at all possible, please take into consideration the needs of the kids.

I hope you get a judge that sticks by the law that protects kids.

ScottGem · Jan 12, 2008, 08:40 PM

Originally Posted by Dana2007

Kids need other family also like cousins, aunts, uncles, grandpa, grandma.

If at all possible, please take into consideration the needs of the kids.

I hope you get a judge that sticks by the law that protects kids.

First and foremost kids need their parents. Extended family can be kept in contact with by visits, correspondence etc.

The bottomline here is the OP and her husband will need to negotiate a custody/visitation agreement as part of the divorce agreement. If the husband wants visitation, unless he represents a danger to the kids, he will get it. If moving interferes with that agreement she will not be able to.

mystiquegirl · Jul 14, 2010, 05:47 PM

Usually, they can disagree but if you can prove that its for the better interest of you and your children then the judge has to approve it despite your exs wishes they will set up joint custody of visitations where you have kids if they are in school you keep them during the school year and they keep them during the summer.