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    Den the Dad's Avatar
    Den the Dad Posts: 3, Reputation: 1
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    #1

    Aug 25, 2013, 06:34 AM
    My exwife is planning to move out of state...
    My exwife is planning to move out of state but has not told me about these plans. If she does and doesn't tell me, where do I stand? We have joint custody but she has physical custody.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 25, 2013, 06:40 AM
    Do you have court ordered visitation? If she moves so that you cannot keep with your visitation schedule, she can be ordered to return or, give up custody of the child to you.
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    Den the Dad Posts: 3, Reputation: 1
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    #3

    Aug 25, 2013, 07:15 AM
    Quote Originally Posted by ScottGem View Post
    Do you have court ordered visitation? If she moves so that you cannot keep with your visitation schedule, she can be ordered to return or, give up custody of the child to you.
    I do have visitation. I live in MA, she's moving to NH. I think that wouldn't change the schedule. Just make that trip longer.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 25, 2013, 07:50 AM
    Quote Originally Posted by Den the Dad View Post
    I do have visitation. I live in MA, she's moving to NH. I think that wouldn't change the schedule. Just make that trip longer.
    Depending on how much longer the trip would be it changes the visitation order. If we are talking about less than an hour the court may not see a problem. But if she makes the change without asking the court, the court won't like it.
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    #5

    Aug 25, 2013, 08:44 AM
    Quote Originally Posted by ScottGem View Post
    Depending on how much longer the trip would be it changes the visitation order. If we are talking about less than an hour the court may not see a problem. But if she makes the change without asking the court, the court won't like it.
    Right now she lives 45mins away. Where she is moving is hour an a half more away.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 25, 2013, 12:43 PM
    If she goes to court for permission, she will probably get it. If she doesn't the court will not like it. It may require that she meet you half way to turn the child over.

    Its hard to predict what a court will do, but courts do not like it when people do things without consulting the court first.

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