Q: Do I need another move away order or a change in visitation?
I received a move away order two years ago to move out of state with my daughter. Now that I am finishing my education I would like to move to a different state. My daughter is about to be 13 years old and would like to also voice her opinion in regards to visitation but I have not perused that course of action. My daughters father and I are currently eight hours away and the move would create a greater distance. I’m not sure how to go about this.
A:
Congratulations on finishing your schooling. It is understandable that once school is done that you may want to relocate. Normally, you should consult with the other party to see if he will agree to the move.
If he does not agree to allow the move, depending on your order, you may need to file a motion with the court.
A: If you have a joint custody agreement with the child’s father then you would need his approval to move your child out of state. If he does not agree, then you would need to file a motion with the court to determine if the move will be in the child’s best interest. In this motion you may request that your daughter be interviewed and that because of her age and maturity level that her preference be considered. In conjunction with this motion or separately, you may also file for a custody or visitation modification in anticipation of the move, or independent from it and based on other factors. It is best to discuss the specifics of your case with an experienced Family Law attorney so they may examine your options with a full understanding of all relevant details.
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