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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19635
Experience:  B.A.; M.B.A.; J.D.
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My ex andI have jointcustody with her determiningresidence.She

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My ex andI have jointcustody with her determiningresidence.She gave me 5 days verbalnotice shes moving 5 hrs away?Cn she do this

She is moving in the middle of my weekend with the girls, and is refusing to switch weekends. I offered to keep them for the week while she settles in and she said no. She doesnt want to switch weekend either because she already made plans with them to be with her family. She is moving this saturday. I cant afford a lawyer for this can I speak to the judge over our divorce case and get this resolved? We got our final decreee signed on Oct 18 just a couple of weeks ago and she just told me she got this job today. She hasn't given me a written notice. I am at a loss and dont know what to do please help
Submitted: 6 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 6 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


Does your agreement say how much notice each party should be given in case of a relocation?


Is written consent or Court approval required for the relocation?

Customer: replied 6 years ago.

Nothing is written in the decree as far as legal notice of relocation.


Nothing is written in the decree about legal notice either.

Expert:  Phillips Esq. replied 6 years ago.


Thank you for your quick responses.


Usually, the party moving must get a written consent from the other party or the Court before the move. Your only recourse here would be to file Complaint with the Court that she is trying to interfere with your custody rights by moving five hours away without adequate notice to you and then refusing to compromise on your weekend custody. You would file the Complaint along with a Motion for expedited hearing. The forms for filing the Complaint and the Motion are available at the Courthouse in the Clerk's office. The forms are self-explanatory. However, if you need assistance completing the forms ask the staff.


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