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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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This statement below I received in my final divorce papers

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This statement below I received in my final divorce papers was never brought up to me in court at all and worries me. Does the below mean that I am not allowed to move out of state with my children if indeed I do get a better job? Does it mean that I have to stay within a 60 mile radius no matter what? If this is true, how could I have this changed?

Here is the exact wording in the doc: G. A Change in Circumstances. In reviewing a motion for modification or termination, the following constitute a substantial change in circumstances:
The relocation or intended relocation of a child resident in this State to another state by a parent, when the other parent is a resident of this State and there exists an award of shared or allocated parental rights and responsibilities concerning the children:
The relocation or intended relocation, of a child to another location that will disrupt the parent-child contact between the child and the parent who is not relocating if there exists an award of shared or allocated parental rights and responsibilities concerning the child. Relocating the child more than sixty ( 60) miles from the residence of the parent who is relocating or more than sixty ( 60) miles from the residence of the parent who is not relocating is presumed to disrupt the parent- child contact between the child and the parent who is not relocating.
The receipt of notice of the intended relocation of this child as required under Section 1653, Subsection 14. 19-A M.R.S.A 1657.2
Submitted: 6 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 6 years ago.

Hello,
Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.

 

Yes it means you can not relocation with either permission from the other parent or permission from a court order over the objection of the other parent.

 

You do not have to consent to this requirement because it is the law.

 

You can not remove it from your court order unless your divorce action specifically ask the court to grant you not only custody but the right to relocate as well.

 

If you believe that your divorce action was for such a request then you need to file a motion to reopen the divorce to have the language removed from the final order.

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