IAAL (the qote of divorce agreement say's..)

In the event of any change of residence on the part of either party herein so long as the custody and visitation provisions of this agreement are in effect, said party changing his or her residence shall notify the other party at least one month in advance of intent to change residence and of the location of the new residence and shall furnish to him or her the complete new address and, as soon as determined, the new telephone number at the new residence. Said notification shall be in writing with a copy of said writing retained by the other. Further, if either party moves outside the State of Georgia, then, the parties shall equally share the expenses so that the child will visit with the Husband no less that four times per calendar year.
>>>>with this ....is there ANY way he can stop me from moving?

This appears to say that he can not stop you from moving.. however you will be liable for 50% of the travel cost for at least 4 visits a year. My concern would be, if he wanted to visit the child 20 times a year. Would you be liable for 50% of the cost for each and every visit ??.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ExStillThinksHesBoss:
[b]In the event of any change of residence on the part of either party herein so long as the custody and visitation provisions of this agreement are in effect, said party changing his or her residence shall notify the other party at least one month in advance of intent to change residence and of the location of the new residence and shall furnish to him or her the complete new address and, as soon as determined, the new telephone number at the new residence. Said notification shall be in writing with a copy of said writing retained by the other. Further, if either party moves outside the State of Georgia, then, the parties shall equally share the expenses so that the child will visit with the Husband no less that four times per calendar year.
&gt;&gt;&gt;&gt;with this ....is there ANY way he can stop me from moving?[/b]<HR></BLOCKQUOTE>


My response:

I have to agree with USDeeper. This is a standard 50/50 clause, with the exception of the last sentence - - and that's a troublesome last sentence. Theoretically, your exhusband could demand, say, 20 visits per year. If he is able to afford his 50%, your share of the travel expense could be, on the other hand, quite expensive and deleterious to your purse.

Now, on the other side of the coin, if he is unable to afford his 50%, and if you gave him Notice of the move, like the paragraph states, he could take you back into court due to an extreme "change in circumstance" for a reduction of his share of travel expenses to see his child - - e.g., he could obtain an order changing the "split" from 50/50 to, say, 25/75 in his favor. Or, he might just be able to convince the court that you shouldn't move, because his lack of finances to pay the travel expenses would act as an "interference" with his rights to visitation, thus keeping you from moving at all.

The last sentence acts as a double-edged sword, and can either work in your favor, or against you.

Insofar as keeping you here, no, the paragraph is not, itself, a "limiting" paragraph and you are allowed to move. The only question would be is whether you and/or the ex-husband can afford the travel expenses for child visitation (which can become extremely expensive) which would act, by itself, as a limiting factor to your move.

IAAL


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Also, I believe the judge would take into account his current visitation.. if he currently sees the child every other weekend, well.. it could get very expensive for you as a move would seriously effect the ability for him to continue to have a good relationship with the child.

Remember, if the father was moving away and you stayed where you are.. he would be liable for 100% of the travel costs.