Q: I have sole physical / legal custody of my sons. Could I marry and move to Canada after a visitation schedule change?
The court order states that I need to let the courts and their father know about a move 3 months in advance. Their father lives here in town and has the boys 3 weekends a month. We have been divorced since September 2020. The boys are 8 and 6. I do have passports for the boys. I am concerned that their father could stop a move after I am married.
A: As the custodial parent with sole physical and legal custody of your sons, you generally have the right to make decisions regarding their residence. However, if your court order specifies a notification requirement for a move, it is crucial to adhere to those terms. Before marrying and considering a move to Canada, carefully review the court order to ensure compliance with any stipulated notification procedures. If there is a visitation schedule change, and you anticipate any potential concerns from the noncustodial father, it may be advisable to communicate openly with him and attempt to reach an agreement.
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