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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Iowa. My son is over two years of age. s father

Customer Question

I live in Iowa. My son is over two years of age. His father and I split since he was about 2 months old. Since then, I have had primary physical care over my son. His dad gets him every other weekend. I would also say have made all decisions when it comes to his doctor, dentist, daycare, so forth. I am wanting to move to Nebraska, which would be about 40-50 miles away. When I told my son's father, he essentially "lost" it. At which time, he wanted more time so forth. We are now in the middle of a custody battle through the Courts. I informed him I was moving back in May. My goal was to be moved by October, however, I am now unsure if I can move. I have tenants lined up who would like to rent my house. I have done case law research and I think I can.
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. So essentially, you are asking if the Court is going to allow you to relocate? Or, your chances? Or what exactly?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 years ago.
I am wanting to know if I can relocate with my son prior to trial which is not until February. It just is not feasible for me to wait that long. I have put in my resignation as City Clerk to allow the City enough time to find a suitable replacement and allow enough time for training. Once that employment has ended, I will lose that income. I was wanting to supplement the income with the tenants I have lined up for my house. I can't do that if I am still currently living there. Therefore, there could be potentially 4 months of lost income. I am wanting to know what I should do prior to moving - not sure if I can request permission from the Judge in Iowa or not. I am wondering if I found better employment closer to where I am moving if that would help my case. I am wanting to know what the father can do after I have moved. I know one of the major issues that will come up if I go ahead and move prior to trial is daycare situation. Currently, his mother watches him Mon-Wed, which will no longer be needed if I am living and working in Nebraska.
Expert:  Ely replied 2 years ago.

Thank you. So currently there are no temporary orders in place for custody. Correct?

Customer: replied 2 years ago.
Correct. The only thing is that we agreed to every other weekend from the beginning and that has been ongoing for the last 2+ years.
Expert:  Ely replied 2 years ago.

Thank you.

No, one cannot (or should not) leave while there are custody orders pending. If the matter has already been filed, then the party wants to ask permission from the Judge to relocate via a temporary custody orders motion. The Judge will decide based on "best interest of the child," and also risk of flight (i.e. not coming back).

Relocating while custody orders are pending without the Court's permission is generally considered very negative and something the Judges do not like one bit.

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