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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My X Wife wants to relocate and take my 7 yr old daughter out

Customer Question

My X Wife wants to relocate and take my 7 yr old daughter out of state...
The MDA PPA plans states 50% custody (7 days with me and 7 days with her)
She is saying the reason for relocation is to be more secure in her job...
People working in remote or home offices are more prone to downsizing...
Corporate has not mandated her to relo - and if they did (she is a good producer with positive reviews) it would be to the major corporate centers Atlanta Office / Colorado or Coral Springs Fl. She has selected a small satellite office in the outskirts of houston TX
where it has been discovered ...that he boyfriend (the guy she had an affair with at work) lives. They were both committing adultery... both are now divorced both work at the same company and were doing this on company sales trips - getting together in each others rooms at the sales conferences or when traveling on business...
How do i keep access to and minimize the impacting my 7 year old. we are real close...
Submitted: 7 years ago.
Category: Family Law
Expert:  Ellen replied 7 years ago.

Thank you for your question. I am happy to assist you.

This is commonly referred to as a "move away" contest. To prevail, you will need to show the court that, based a significant change of circumstances, modification permiting your former wife to relocate with the child is not in the best interests of the child.

If you are unable to convince the court that the modification is not in your child's best interests, you will want to propose a parenting plan that will minimize the child's loss of contact with you.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
Customer: replied 7 years ago.

What tactics or grounds are best to persue?


I think my wife is trying to build a case that she is best ...

I sensed my daughter was coached to say or do things


My wife was accusatory about taking my daughter sledding recently...


She can try to say different things:


Tardy a couple of times to school: 3 minutes late ... before i discovered she could ride the bus from my neighborhood too.


Do the courts tend to lean one way or the other?


Moms get deference as opposed to dads...?


Would i be better off trying to negotiate her paying the cost but allowing me to see emma all summer ... and several holidays?


My daughter and i are really tight this is going to devasted her.. and i miss her now when she is away every other week.


I have tried to tell my x go be with her man... but let me keep emma here.

Expert:  Ellen replied 7 years ago.

remember the burden will be on your former spouse to show the court why the move away would be in your child's best interest.the courts do not favor one parent over the other based upon gender. You can certainly ask the court for full custody
Customer: replied 7 years ago.

By Moving she takes Emma Kate - 1st Grade (only school she has ever known)

I am 2 miles from the rental house my x has.. i too am renting to stay in same school district.


800-1000 miles from both grandparents and my x's family

800 miles from sister - nieces and nephews

800 miles from me her dad...


So the response i give to her request is to contest

and wait for court to mandate an appearance

Expert:  Ellen replied 7 years ago.
correct. You seem to have the facts on your side
Ellen and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
ok i thought i simply keep asking questions