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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My husband and I are likely divorcing. I want to make a

Customer Question

My husband and I are likely divorcing. I want to make a major move, out of state. We have two children, though, and I'm concerned about custody/visitation. Is a move like this possible without losing my children?
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

It really depends on three factors: 1. How likely your husband is to fight your move and 2. The Judge you are in front of and 3. how far away you're moving.

The Judge's primary goal is going to be to act in the best interest of the children, not what is in your best interest. Usually Judges feel that it's in the best interest of the children to have easy access to both parents. So you'd need to convince the Judge that an out of state move would be what's best for your kids, and that it's worth it to remove them from easy contact with their father. If you can't show the Judge how it'd be best for the children to move with you, they may not allow it. It also will depend on the personal feelings of the Judge you're in front of. While they aren't supposed to let personal life issues affect them, Judges are human and some are more sensitive about fathers losing immediate contact with their kids than others.

A factor affecting the Judges' decision will also be where you are moving. If it's an hour or two away, it's less of a big deal. If you're talking about more than a few hours, it's going to be harder, unless the dad is a criminal and should be kept from the children.