Divorce - Custody - Moving Out of State - Richard Outhwaite

Q: My ex-wife has physical custody of our children, is my ex-wife allowed to move out of State with the children?

A: She is not allowed to move out of State unless there is written permission from you or a Court Order. If there is going to be a Court Order, there's two factors: Is it in the best interest children and is the move being made in good faith. Now, if it is being made in good faith, an example would like a transfer, a job transfer, obviously that's good faith. Bad faith, that would be such as the mother just wants to get the father further away from the children. Obviously, that's bad faith. Of course, there is significant gray area between. The Court will also look at the father and how involved the father is with the help bringing up the children instead of a father who just sees the children on a weekend or does he go to school plays, he is involved in athletics, takes the children to doctor's appointments, goes to the school meetings, parent teacher conferences etc. That, of course, is a factor. What's in the best interest of the children is often a factor that the Court will need some help with. Often the Court will hire a psychologist to look into if it's in the best interest of the children to move.

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