• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Spouse able to move at will?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bulrid8

Junior Member
What is the name of your state? Florida

I have a question for the experts!:)

My divorce was finalized last year. Prior to that, we were separated for 2 years. When my wife left, she moved an hour away. The kids lived with me for the first 6 months, so they could finish the school year. Then they moved up to their moms. I did not have a problem with that, as I still had them every weekend or more.
Then 6 months later she moved 6 hours away, with only a weeks notice. I tried to stop it, but could not afford an attorney to take it to court. So, I now only could see my kids every 3-4 weeks. It cost me around $300 round trip to get them and only have them for a day or two. Ex refuses to meet halfway, so I have to make entire trip.
I am getting ready to move closer to my kids (within 2 hours). Can she move again without reason? I have always been active in my kids life and pay my support on time every month. I have been told that I can fight it in court and a judge will not allow her to move, since I am active in their lives. Is this true?
I just cannot afford to follow my ex around the country, every time she decides to move. It looks terrible when you are jumping jobs that often.

So, can a judge stop her or do I have to fight for full custody of the kids? I never wanted to put my kids through a custody fight, but I cannot bare to only see them every month or so.
Also, Does anyone know the age limit in GA, when a child can decide where they want to live?
Thank you for any help you can offer.
 


Ohiogal

Queen Bee
Georgia doesn't matter unless BOTH OF YOU will be in Georgia and you domesticate the Florida order there. Then under those circumstances in Georgia children can sign an affidavit of preference at the age of 14. And you do not NEED an attorney to file paperwork in court.
 

bulrid8

Junior Member
Thank you for the response. Do I have any chance of keeping her from moving again? She has a track record of not staying in one place for more then two years at a time. I will follow my kids any where, but don't think it's fair for me to have to pick up and move, just because she does.
 

CourtClerk

Senior Member
You probably won't be able to stop her from moving, however, you should be able to modify the custody order to state that she needs to give you proper notice (say 45 to 60 days) of her intent to move, giving you enough time to contest it in court. Why is she moving so much anyway? So much bouncing around isn't good for the kids, so this may be an issue where a change in custody... or at least primary residential custody may come up.

Also, make sure you put in a provision that states that should she continue to create a distance between you and the children, she be prepared to pick up the cost of transporting the children for your scheduled visitation.
 

Just Blue

Senior Member
Sorry folks...Not trying to necropost but just want to make sure that OP sees this.

Bulrid8, You really have to stop posting to other members threads...You don't know the laws and are mis-advising. If you continue I and other members will start reporting your posts and you may lose posting ability to this forum. So stop!;)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top