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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My ex husband and I were divorced in the stat of TX about 3

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My ex husband and I were divorced in the stat of TX about 3 years ago and have joint custody of our 9 year old daughter (with me as the custodial). He moved back to NH. I and my daughter moved back to NH last year, but I have realized I cannot afford to live here. I gave him 60 days notice that I intend to move my daughter and I back to TX where I have a stable job. He says he will petition to not allow me to leave the state of TX with our daughter. The divorce decree also states that I can move anywhere within the continental United States, it does not say I cannot move. Does he have grounds to stop me?

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your concern. The divorce decree is going to control, since it was ordered by the Judge. If the decree was silent on the issue and he has shared/joint custody, there could be an issue with you leaving the State, without his permission or that of the court.. However, if you have a previous order from the court, that is still valid, specifically saying you can move anywhere you want with her, you have a right to do so. Now, this does not mean that he can not object to it and file a motion to try and make you stay but the burden would be on him to prove it is in the best interest of the child, to prevent her and you from relocating. He is going to have to introduce evidence to support his position, if he wants to try and get the Judge to modify the order and order you stay with her in the State, absent his permission.

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Customer: replied 5 years ago.
How likely is it that a judge from a different state (NH) would change the order from the divorce (from TX)?

The federal law known as the Full Faith and Credit for Child Support Orders Act (28 USC § 1738B) and the Uniform Interstate Family Support Act (UIFSA, RCW 26.21A.130) ensure that only one state will have jurisdiction over child support at any particular time. Usually, the state that made the original child support order will be the only state that can modify or change the child support order. (28 USC § 1738B). However, in an emergency situation another state could issue a temporary child support order. Additionally, jurisdiction over child support could shift to a new state if: (1) the child and BOTH parents no longer live in the state that issued the original
child support order, OR (2) both parents have filed written consent with the
court that issued the original child support order. (28 USC § 1738B(e).

Customer: replied 5 years ago.
When you say "Child Support" are you referring to the moving issue or money? I'm only concerned with the ability to move. And neither of us live in TX anymore, although I will be moving back to TX.
Sorry for any confusion. Only one State would have jurisdiction over the matter at the time. That would be where you and the child reside and if that is in NH, at this present time, they would have the ability to hear the matter. However, if you leave prior to it being filed, the court in TX would then hear the matter.
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Customer: replied 5 years ago.
Would this constitute an emergency for NH to hear the case? I have given 60 days notice. Also, he waited until after I had already given notice to my employer in NH as well as the landlord. (In effect, if I cannot leave, I am not going to have a job or a place to live.)
Did you give notice to your employer and landlord and then give the notice or gave the notice, he did not say anything and then first is now bringing up the issue?
Customer: replied 5 years ago.
I gave him the notice first and waited awhile before I gave my landlord and employer notice. He waited until 1-week prior to our move date.

The combination of you having an order from the court, allowing relocation, paired with the fact that he first waited until 1 week before you moved, when he had 53 days prior to file a motion, is something which is favorable to your position. Moreover, if he filed a motion, he would have to put you on notice as to the legal basis, for preventing the move. This would be stated within, so you know how to respond and if there is any merit to his objection.