Family Law Questions? Ask a Family Lawyer Online.
Yes there is a custodial order in place but it does not have a limitation on relocation. Their father would have to drive an extra 10 to 20 miles depending on if he were to meet me half way or take them to school in the morning. He already has voluntarily given up half his visitation by not showing up (although not officially).
The girls would like to change s hools and move farther from their dad.
We have joint cistody but they would like to reduce visitation to only every other weekend instead of Wednesday and Thursday nights and evrry other weekend. Could their feelings have any bearing on the decision?
Thank you for your follow-up.If there is a custodial order in place and there is no relocation clause or any sort of a limitation, you are free to move. Moving an extra 10 to 20 miles at most can add about 20-30 minutes to the commute, which is not material or significant enough for him to claim that his rights or his ability to see the children is being intentionally denied or unfairly affected. Having said that, it is not purely up to the girls. The girls, being minors, have a very limited voice--they cannot choose when they see their father, and they cannot demand a reduction in visitation. If you wish to do so on their behalf, go to court and seek a modification and then claim that it would be in their best interests. Then they could potentially be interviewed by the judge about their opinions. Just please be advised that a judge has no obligation to listen or take their opinions toward the decision, which remains at the judge's discretion and is based on what the judge sees as in the children's best interest.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).