The rationale is she wants to buy a home she can afford in a new city. It is only about 15 minutes away from the city we currently live in.
Quin,Thank you for your follow-up. Most courts do not consider a 15 minute move to be substantial or significant, and of course you personally are not required to move with them. However, you can file a petition via a formal injunction to deny the move if you have legitimate grounds that this move will not be in the children's best interests. For example if this move will affect their education as the new location has worse schools or does not have the same after school activities that the children take part in, it may be a good basis to contest. Similarly, if this move affects their roots and their friendships (which translate to stability and childhood development), it may likewise be a good idea to contest. Finally you can simply file a petition yourself for primary custody to be shifted to you so that the kids can remain in their current school and sphere so that this change will not affect them. This right to file always exists, and something that you may want to consider utilizing.Good luck.
Great advice, thank you. Does the following excerpt in our divorce decree pertain to this particular situation? Can she make the final decision without my support?
6.1.d “Should the parties have a dispute regarding parenting of the children, Joanne L. Cook will make the final decision.”
Quin,You are most welcome, glad to help. Based on the divorce decree she does have primary rights and she can indeed make a decision without your support. But that is why filing in court for a modification may help if the modification is granted--her right to make such decisions could be blunted or outright transferred over to you.Good luck.
Quin,I will be going to get some rest. Should you have additional concerns, I will respond to them in the morning. Otherwise, please do not forget to positively rate my answers to you as otherwise I do not get paid for assisting you this morning. Thank you!
I am having trouble finding the proper forms to file in the Utah Courts. You're advice was to "file a petition via a formal injunction to deny the move if you have legitimate grounds that this move will not be in the children's best interests."
Is the formal injunction a restraining order? Or some other order? Do you have a template I could use to file my specific petition?
Are you online?
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).