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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16215
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I am primary parent. 14 & 11 yr daughters. Divorced 2013. I

Customer Question

I am primary parent. 14 & 11 yr daughters. Divorced 2013. I have worked part time and received spousal maintenance which will cease I 2017. So I now have a new full time job which is located 80 miles from my current address. I travel 4-5 hrs a day and want to relocate. My former spouse has generous visitation (6 days out of 14). He is contesting my move. Is it probable that I can move-I would actually be moving closer to my Mother who is a court appointed day care provider.
Submitted: 6 months ago.
Category: Family Law
Expert:  Legalease replied 6 months ago.
Hello there ---The only way the court generally denies a move like this is if it is being done out of spite. To prove that it is NOT being done out of spite, you are making a Very good faith showing that you need to move to accept a full time position AND you need day care assistance to do so which your mother will provide for free (or at least a reduced cost, I hope!). I do not see any problem with the court permitting this move so long as you are willing to work out reasonable arrangements with him to see the kids as often as possible and perhaps even bear some of the travel costs to get the kids to him (the court like to see that type of willingness to cooperate). My suggestion here is that you can certainly tell him and the court that you will stay right in your ex's immediate living area until both girls are 18 so long as he is willing to pay the maintenance payments each month for you to do so. Otherwise, tell them that this is a great opportunity for yourself and you are being proactive so that you will not be broke and starving when the maintenance payments stop from that marriage. -I am fairly certain that you will be fine -- the courts deal with this all the time and in many, many cases it is not a small 4-5 hour travel period --- people take their kids out of state and courts grant that permission because of the nature of our society these days and the fact that many, many people must move around to earn a decent living or to continue to earn a decent living. -I hope that helps. Please let me know if you have any further questions. If not, can you please press a positive rating above so I will be paid for my time. I am paid nothing unless you press a positive rating above. Doing so will not cost you any additional money -- it is simply the trigger to just answer to pay me for my time. THANK YOU VERY MUCH-MARY