We live in TN. Mother wants to move 5 hours away in MS. We currently share custody, children with me 3 days a week her 4 days a week. She is the custodial/primary. We have 2 sons 14 and 11. She wants to take the 11 year old and leave the 14 year old. I do not want to separate my children. I want them both to remain with me. This is an elective move to start a different job. THe home she is planning to move into will be shared with 3 other people. What are my rights? What are the chances of me getting full custody of both children?

Full custody? Slim unless you can prove she is a danger to the children.

Has she applied to the Court to move? You could file a Motion to attempt to keep her from leaving because the move will DEFJNITELY change your visitation provision. If she moves without Court permission you could "drag" her back to TN or she could lose custody for violating a Court order.

The Court could also approve the move and change the visitation schedule.

It is less about what she wants and more about what is best for your children. That's an argument you should prepare and present to the Court.

Good luck - I wonder why people think they can just move when there's a visitation order in place - ? (That's rheutorical.)

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Originally Posted by JudyKayTee

F...
Good luck - I wonder why people think they can just move when there's a visitation order in place - ? (That's rheutorical.)

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Maybe because of the old (but questionable) adage that "It's a free country". And because we are raised thinking that we can pack up and move if we want to. And because people tend to forget that having a child with another parent changes that. Have a child and the law tends to tie you down to where the child's other parent is.

OP doesn't actually say that there is an order in place.

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Originally Posted by AK lawyer

OP doesn't actually say that there is an order in place.

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And that's the key question. If this 3/4 custodial schedule is ordered by the courts? If it is, then she needs to apply to the court before she moves, since it will affect the visitation. In this case, its my guess that the court won't allow it. Especially if she is looking to split the children.

If there is no court order then you need to get one in place now!

In either case, you need to offer reasonable visitation like school holidays etc.

Yes we have a court approved parenting plan in place. We have followed visitation ordered by the court for 3 years now. Next question is.. Do I need a lawyer? Should I go to juvenile court? Do I walk into the Chancery Court and ask to file a motion?

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Originally Posted by jixx901

Yes we have a court approved parenting plan in place. We have followed visitation ordered by the court for 3 years now. Next question is.. Do I need a lawyer? Should I go to juvenile court? Do I walk into the Chancery Court and ask to file a motion?

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You need a lawyer but, while it probably wouldn't be a good idea, in theory you could represent yourself.

Not Juvenile Court. Whichever court approved the parenting plan.

You don't have to go to court. She does. You inform her that if she was to move that would be a violation of the court order. And she would be compelled to return if she tried to move without court approval. So if she wants to move let her initiate things.

If you want to forestall the move. You can go to court, but you will need proof that she plans to move to get an injunction against her.

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Originally Posted by ScottGem

... You inform her that if she was to move that would be a violation of the court order. ...

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Well, actually if she fails to bring the kids to you each week. With the price of gasoline what it is, two 10-hour round trips each week might be a bit expensive for her.