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I m recently divorced. There is joint custody agreement and…

Hello, I m recently divorced...
Hello, I m recently divorced. There is joint custody agreement and my ex wife has primary custody of the children. She has recently accepted a job offer out of state which would violate the divorce stipulation that disallows her to move the children more than 100 miles away. I have not given my consent to the move but she is going to break the stipulation and take the children anyway to a new state approximately 1200 miles away. She intends to do this before the end of summer. What can I do about this situation?
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6/19/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 30,036
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. I am sorry to hear about this. Just to be clear, she is going to violate the order and not obtain permission from the court?

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Customer reply replied 8 months ago
She claims there is a deadline to accepting the job offer and she will not let the opportunity expire.

Thank you. While that may be the case and she is free to accept it it does NOT give her a legal right to simply move away with the kids, over your object and avoid getting permission from the court. As such, you can file a motion with the court, to 1) modify custody and try and get the children full time and/or 2) restrict her ability to move with the children and bring this to the attention of the Judge, showing her intent to relocate and move with the children, over your objection and without the courts permission. This way, if she does, you can go back to court and the Judge could hold her in contempt and issue a warrant for her arrest or her actions could amount to criminal in nature, for the kidnapping.

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