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-   -   Can My ex wife move away with my child if we share custody (https://www.askmehelpdesk.com/showthread.php?t=492696)

  • Jul 28, 2010, 09:21 AM
    rjcabrera82
    Can My ex wife move away with my child if we share custody
    MY ex wife and I are Joint Managing Conservators of our three daughters. We currently all live in San Antonio TX. We each spend three and half days with our daughters. We have done this for the last two years without any problems what so ever. I recently found out she married someone in the military and is planning on fighting for full custody and moving about 200 miles away. We both split everything down the middle, like health insurance/child care. Can or would a judge grant her full custody, and allow her to move away with our daughters and take them away from their father and all the extended family they have in San Antonio? They would have absolutely no family where she intends to move to. Thanks for the help.
  • Jul 28, 2010, 09:32 AM
    ScottGem

    One of the advantages of a site like this is that many people may have experienced something similar to what you are going through. So there may be questions similar to yours that may have answers for you. For that reason, it is a good idea to carefully look at the forums choices and browse the appropriate forums before posting your own question.

    Had you done so, you would have found this forum (I moved your post from the Children forum which is about raising children, not for legal issues) and found a number of threads dealing with the issue of one parent moving away from the area.

    If there is a court order detailing custody, visitation, parenting plans, etc. then one parent cannot move the children away with the other parent's or a court's permission. In granting such permission, the court's charge is whatever is in the best interests of the children.

    In your situation, with evenly shared custody and the issue of the extended family, I would suspect that permission would not be granted. I would suspect, however, that the court orders a modification of the custody to make you the custodial parent, but to allow the mother a generous visitation schedule (i.e. summers, school holidays etc.).

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