Q: Can I legally move 30 minutes away but within the same state with this kind of parenting schedule?
I am the sole custodial parent to the kids. My ex gets 40% parenting time. It's pretty much an every other week schedule. I am in the process of buying my first house. My ex lives the town over and on his time with the kids he drives them to a from their school (my son goes to the same school for before/after school care that my daughter goes to for preschool). When switching off, 98% of the time one of us drops off at school in the morning and the other picks up in the evening. The other 2% we meet between our houses. I am having a very hard time finding a house that is in my price range within our area. I found a perfect house. Problem is, it's 30 minutes away. Which means new schools for the kids and it means my ex husband will have to drive that to and from school each day during his time. Can I legally move 30 minutes away? (Yes, its within the state).
A: You need to have an in person consultation with an experienced matrimonial attorney, who will need to see copies of all the legal documents pertaining to your case. I believe based on the facts that you stated, a Court is likely to grant your request. But you need a Court Order to accomplish this. Anything other than a Court Order changing the existing parenting time and school arrangements will cause major problems. Good luck.
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