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Is there a custody order in place?
First, grandma cannot exercise mom's rights. If mom wants to assert her own rights fine but grandma cannot do it for her - she would have to seek grandparent's rights if that was something she was interested in doing.
As far as following the order, if it's been a case where neither party has followed it and mom does not seem to care I would not see any problem with what you are doing.
However, if mom decides to make a stink about this your husband could be held in contempt for failing to follow the order. I understand that she would also be in contempt and the likely result would be a hassle for all parties and a slap on the hand(s).
Wait one second.... I was under the impression that the move happenned 6 years ago?
There are several things the court would consider in a relocation case:
- is the relocation in your child's best interest (i.e. the court will look at how the move will improve your family's situation - this could include having a better job, having more family support, entering a stable relationship, and more)
- the noncustodial parent would have access that will continue the relationship
- how long ago the relocation occured ( i.e. if a party has put up with it for so long is a strike against him/her.) The court will evaluate whether the move was best for the kids. In most cases it's not best to uproot them yet again
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