My ex wants to move from nj to Utah. The kids primarily live with me but he sees them during the week and watches them while I am at work. He also has them every other weekend. If he moves, it will be devastating to my kids and I will then have to pay for day care. What rights do I have? Is there any restrictions on the noncustodial parent when they move out of state? Will he be responsible for their airfare when they fly to see him a few times/year? Will he be responsible for paying more child care/child support?

He will have to continue paying child support, and I would venture to say that he is responsible for airfare if they go visit..

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Originally Posted by kayakgirl2008

my ex wants to move from nj to utah. the kids primarily live with me but he sees them during the week and watches them while i am at work. he also has them every other weekend. if he moves, it will be devastating to my kids and i will then have to pay for day care. what rights do i have? is there any restrictions on the noncustodial parent when they move out of state? will he be responsible for their airfare when they fly to see him a few times/year? will he be responsible for paying more child care/child support?

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I think you have to go back to Court with the support issue (increased cost) and airfare question. You can't just expect him to pay - of course, maybe he'll agree but I'd get it in writing.

What if they go to Utah and don't come back?

Get a Court Order.

You have almost no rights here. You can't prevent him from moving. You CAN petition the court for a change in the visitation agreement and make it his responsibility to pay transportation. You can also petition for an increase in child support because of the need for day care. Not sure if you would get that though.

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Originally Posted by ScottGem

You have almost no rights here. You can't prevent him from moving. You CAN petition the court for a change in the visitation agreement and make it his responsiblity to pay transportation. You can also petition for an increase in child support because of the need for day care. Not sure if you would get that though.

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I agree with most of what Scott has said. 1 minor difference. Normally daycare isn't part of child support. Daycare goes hand in hand with child support depending on the ages of the children but it doesn't directly affect child support payments. Most of the time if a parent needs child care for the children due to job responsibilities then the courts in writing demand that both parents pay 50 - 50. But if you get that added to your child support order then be sure he gets the bills in a timely fashion as most states have started to put time limits on collection.