A geographical restriction is a doctrine sometimes embedded into the decree, or can be asked for before or after a custody order is in place by either party against the other party. It states that either party cannot leave the county/state/country with the kids unless the other parent allows it.It is usually put in if either party has a history of trying to kidnap the child, or doing so, or threatening
to.Assuming it is not in the orders, a party, once he learns that you want to move, he CAN file a Motion for Temporary Restraining Order
and ask for a geographical restriction. That doesn’t mean that he would be successful, but you should be prepared for that possibility. He’d need to prove that the move is “not in the best interest of the child
,” and/or is being done to simply make visitation harder.If you actually have a good reason such as family/work/etc. and a plan for the future, the Judge usually lets you go. Be prepared, if the ex is serious though, for a filing and a quick hearing on the matter.
The military likely will not provide a JAG attorney for this, although it won't hurt to ask. Finally, if you're not in the state where this is being filed, you'd still have to hire an attorney for the hearing, and possibly appear yourself as well, and if you cannot, then try to have your attorney arrange a TELEPHONIC appearance which is entirely possible with enough time. I can help you find a reasonably-priced attorney if you'd like.
I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.
If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!
While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.
If you feel that I went an extra step to help, a bonus is always appreciated!
You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”