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madhatter088 · Jan 13, 2012, 07:10 PM

I am the non custodial parent of my children and I was just informed that my ex wants to move to another state. I know she has to file a petition for relocating the children but is there something I can file with the court to notify the court that I do not agree with my children relocating before she files the petition?

ScottGem · Jan 13, 2012, 08:09 PM

If you have a visitation order in place and the move will change that order, then you will need to agree to the move.

Fr_Chuck · Jan 13, 2012, 10:36 PM

Yes, if you have a child visitation order ( and esp if you have been visiting) you file to stop her from moving the children.

madhatter088 · Jan 13, 2012, 11:53 PM

My visitation order was granted with my dissolution of marriage. What would be the correct name of the documents needed to file to notify the court that I do not want my children leaving the state? Would I have to file a motion for a hearing? I would like for the court to have this on file before her attempt to file a Petition to relocate.

cdad · Jan 14, 2012, 06:05 AM

Originally Posted by madhatter088

My visitation order was granted with my dissolution of marriage. What would be the correct name of the documents needed to file to notify the court that I do not want my children leaving the state? Would I have to file a motion for a hearing? I would like for the court to have this on file before her attempt to file a Petition to relocate.

What do you have as proof that she is going to move? Has she asked for your permission?

If she files before the move then you can object to it. If she suddenly leaves then you file emergency orders.

This is a tricky situation because there is a certain amount of ability to be proactive without being overbearing to the courts. It can be a fine line and the courts do not wish to be involved in games.

ScottGem · Jan 14, 2012, 06:39 AM

I agree with CalifDad. There is no specific form for this. Nor will the court accept a motion to prevent a possibility. The most I would do is send a personal letter to the judge that ruled on the divorce (or the chief judge, if he is no longer sitting), stating that you have heard the custodial parent is planning on moving, and you want to make sure your objection will be heard.

I understand your concern, but this is really a tough situation. If she moves without informing the court, you can have her cited for contempt and force the return of the child. On the other hand, if she goes to court, depending on her reason for moving, the court might suggest a compromise, like adjusting the schedule to give you holidays and summers instead of alternating weekends.