Q: If a spouse wants to move back to their home town (1.5 hours away) can the kids move with that parent?
An agreement was made before marriage if the wife didn’t like living in the small town they would move back to the wife’s hometown. The wife tried for years and they now have small children. The husband agreed to move, but keeps going back and forth changing his mind. The wife accepted a job in her hometown and has been commuting.
A: If the parents are married, they have to work it out between them. The court is not involved, and either can take the children anywhere they want. But if the other one objects, then that parent can file for divorce, and then the court will be involved and decide custody. A court would probably disregard any agreement before marriage, since the situation now is different, and the court makes custody determinations based on what is in the best interest of the children now. Before doing anything, use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.
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