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View Full Version : Can my ex-wife take our children out of state while we have 50/50 custody?


thoppell
Mar 25, 2010, 05:57 PM
My ex-wife and I for the last 5 years have been divorced and share 50/50 custody with our two children. She is now getting married to a man who took a promotion out of state. In our divorce decree it states;
Neither parent shall move the children's residence to a place which will make the ordered custody and visitation schedule impractical or significantly more difficult or expensive without prior written consent of the other parent or an order of the court.

My questions regarding this are can she take the kids out of state by going to court, and getting a court order? Many people have told me that she by moving out of state is giving up her rights and I will automatically get primary custody of the children. I live in the state of Idaho. Is this true? That our children will be able to remain with me and go to school here and visit their mother during the summer and holiday breaks or can she take them from me?

TH

Fr_Chuck
Mar 25, 2010, 06:27 PM
Nothing is automatic, if she moves and you do nothing she just has the kids

If you know she is moving, you need to file to get the order more specific as to where she can move, distance. I mean my order stated 50 miles