Q: Could I move me and the kids out of state?
Could I move myself and my children out of state if I got a divorce? My husband doesn't want to move and he isn't a bad father, just lacks drive and doesn't have the best priorities when it comes to our children.
A: If there were a divorce, it would not restrict you from moving away, but the terms of the divorce could require the children to remain with their father, giving you parenting time in summer and on holidays. Or they might be able to go with you. It depends on all the facts, what you and he can agree to, and what the court determines to be in the best interest of the children. Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts of your situation and advise you of your options, how the divorce process works, and how it determines issues related to children and parents.
A: If this is something you have a plan for now, you will need to address it in the divorce. Relocation is one of the most difficult issues because it means children won’t see one of the parents as often. The court will look at what is in the best interest of the children, including issues of their entrenchment in the community and family Here versus the new location. If you are able to move with them, you will probably be required to pay the expenses for their travel to spend time with dad. He would likely receive most school breaks and the bulk of the summer.
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