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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
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My ex gave me a 60 day notice to relocate the kids from Iowa

Customer Question

My ex gave me a 60 day notice to relocate the kids from Iowa to California, siting the health of her dad as the reason for moving. We are filing an emergency injunction to prevent the move until trial. Can she move to California with the kids while waiting for the trial?
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello,
The custodial parent can relocate with the children, unless the current custody orders prohibit relocation without prior notice. Because Iowa law permits a court to find a change in circumstances sufficient to modify custody, whenever a custodial parent relocates a child beyond 150 miles from the child's former residence, it is typical to for custody orders to require notice before a relocation.
Assuming that your orders are as described, then the relocation in advance of the 60-day notice, would be contempt of court, and the judge could order the children returned to Iowa.
Whether or not the judge would actually do this, depends greatly on the judge's predisposition in such matters. Frankly, many judges don't like to get involved in this sort of battle, because it always ends badly, and once the children are already socialized to a new environment, the judge will be even less likely to order the children's return.
Consequently, by getting a restraining order, before relocation occurs, you are in a much better legal position, because then the judge will be angry that the custodial parent has violated the express restraining order.
I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.
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Customer: replied 1 year ago.
We don't have an order in place, the trial is set for spring of 2016.
Customer: replied 1 year ago.
Am I basically in deep trouble here? I was completely blindsided by this, and the true reason behind this move is because she met a man out there.
Customer: replied 1 year ago.
I apologize. I haven't slept for 2 days since I had received the notice because of the stress and I don't meet with my lawyer until Friday. I am just looking for an answer one way or another
Expert:  socrateaser replied 1 year ago.
It's really up to the judge's discretion. If you already have a trial date set, then I believe that the judge is more likely than not to issue the restraining order, because otherwise, the relocation will change the status quo re custody.
But, again, the judge gets to decide, so you need to show some evidence that the children's best interests are in Iowa (extended family and friends, schools, etc.).
I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using justanswer.com!