Q: I need help interpreting the section on geographic restrictions in my divorce decree/custody agreement. (names removed)
It states: IT IS ORDERED that the primary residence of the child shall be within 100 miles of the residence of Respondent, and the parties shall not remove the child from within 100miles of the residence of Respondent for the purpose of changing the primary residence of the child until this geographic restriction is modified by further order of the court of continuing jurisdiction or by a written agreement that is signed by the parties and filed with that court.
IT IS FURTHER ORDERED that *MOM* shall have the exclusive right to designate the child's primary residence within 100miles of the residence of Respondent.
IT IS FURTHER ORDERED that this geographic restriction on the residence of the child shall be lifted if, at the time *MOM* wishes to remove the child from within 100miles of Respondent's residence for the purpose of changing the primary residence of the child, *DAD* has moved from his original residence to a location farther from Petitioner's residence than previously.
A:
This language means that if Mom is the who the child primarily lives with, then she cannot move with the child more than 100 miles of where Dad currently lives (this presumes that Mom and Dad currently live less than 100 miles from each other). If Mom chooses to move the child's residence, then either Dad has to agree to it OR, if Dad does not agree, Mom and Dad would have to back to court and see if a Judge will allow the child's residence to be moved.
However, if Dad moves more than 100 miles from where Mom currently resides, then the restriction is automatically removed and Mom can move the child's residence without Dad's agreement or permission from the Court.
I hope this helps explain the language. Good luck!
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