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    sadmommyof1's Avatar
    sadmommyof1 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Aug 27, 2010, 11:28 AM
    Leaving the state with sole custody
    I have sole custody and I plan on moving about a month from now... one state away. Nothing in my divorce decree says I can't move... I just have to give reasonable notice. I did about two weeks ago and filed a change of residence with the court. Today my ex husband says he is getting an attorney to fight for our daughter to stay here. Is that possible? Can he really prevent me from moving away? Can he fight for custody? I have had sole custody for 6 years... she is 8.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Aug 27, 2010, 11:43 AM

    What state do you live in?

    In NY state the non-custodial parent can file for and get custody if you the custodial parent moves out of the state. But not all states are like that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Aug 27, 2010, 12:43 PM

    The question is whether he has visitation. If he does and your move will not allow him to exercise his visitation according to the schedule, then yes he can block it.

    For future reference ANY question on law needs to include your state (or general area) as laws vary.
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