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Yes. As long as she doesn't do it without telling him where the children are being taken (that's parental kidnapping
), she can move since both of them have a natural right to the children w/o court orders. KNOW: A geographical restriction is a doctrine sometimes embedded into the divorce decree, or can be asked for before or later by either party against the other party. It states that either party cannot leave the county/state/country with the kids unless the other parent allows it.It is usually put in if either party has a history of trying to kidnap the child, or doing so, or threatening
to.Assuming it is not in the orders, a party, once they learn the other party wants to move, CAN file a Motion for Temporary Restraining Order
and ask for a geographical restriction. That doesn’t mean that they would be successful, but the person that wants to move should be prepared for that possibility. The party that files would need to prove that the move is “not in the best interest of the child
,” and/or is being done to simply make visitation
harder.If the party that is moving has reasons such as family/work/etc. and and a plan for the future, the Judge usually lets them go. Be prepared, if the ex is serious though, for a filing and a quick hearing on the matter. The problem is, if the move is executed now, the jurisdiction for this hearing stays in the state where the child has lived for the last 6 months, and the county where the child has been for the last 90 days. So there is a slight possibility that if one moves, the other files, and the moving party has to come back for the hearing to defend themselves. It’s possible, but unlikely.<BRIn any case, one should proceed as though no filing will be done. Arrange the move, notify the court and the other party via certified letter as needed in the orders (default is 30 days, but sometimes it’s 60 or 90; if silent - 30), and go. If they file for temporary orders
before or after the move, come to court for a quick hearing, win, and then go back to life.
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