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RSMHERE
May 26, 2007, 02:03 PM
I have custody of my two children and lost my job and found another in another state... about 1.5 hour ride. I have e-mail my ex's lawyer and imformed my lawyer that I need to move this summer for my job. I have received no response. I live in MA and am moving to NH. She has visitation every other Sunday for 7 hours and twice dureing the week for a couple of hours. The kids have not problem moving and they tell me Mom won't care. Can I get in trouble if I just move. I will inform the court of my new address. But am I OK since I informed her and her lawyer and got no response. If no response consirered acceptance. I need to move before the school year starts to make if easier on the kids, I am now commuting 1.5 hours each way every day.

Fr_Chuck
May 26, 2007, 02:12 PM
Yes if it is written into your custody agreement, then you can not move until the court says it is OK, so your lawyer needs to be paid to file a motion and you need to get the court action going, ( don't email her attorney, that is your attorneys job)

You may have to allow her visitation to be modified for perhaps overnight on the weekend, or agree to take the child to her if she brings the child back. There will I am sure going to be some request for modification of the court order. Esp if she is visiting, since to drive 1.5 hours one way ( 3 hours round trip, to have them for 7 hours would not be agreable in anyone's opinion.

RSMHERE
May 26, 2007, 02:33 PM
The custody ageement does not make mention of out of state moves. I no not have an attorney, and have communicated with him in the past. I e-mailed him again after I wote the question, and stated that I will assume that moving will not be contested unless I hear otherwise. I have no problem modifying the visitation, but she will not talk about it. Because of problems in the past, she is not allowed (per court order) to have them overnight.