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Ellen
Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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My with has sole custody of our 2 children and i have visitation

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My with has sole custody of our 2 children and i have visitation rights. She threatens to move away. Does she have the right to just up and move?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Your former wife must abide by the current court order and thus, in order to move, would typically require a modification to the order.

This is commonly referred to as a "move away" contest. To prevail, she would need to show the court that, based a significant change of circumstances, modification permiting her to relocate with the child is in the best interests of the child.
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