As a divorced man in California, can my ex-wife move our kids out of state without my consent?
We’ve been divorced for 4 years. Our kids are 6 and 8. We have 50-50 custody, and I am very involved in their lives. I have adhered to all custody and child support agreements without issue.
Now, she wants to move to Texas with her boyfriend.
Will the court grant her this request? I will fight to the end.
Probably not, unless she can prove it’s in the children’s best interest. Maybe offer that the kids stay with you and visit her during long school breaks. That way, she can still see them but you maintain their routine.
She sounds selfish. With 50/50 custody, she can’t just take them to Texas. The court will side with what’s best for the kids. Offer to have them live with you full-time if she insists on moving.
Get a lawyer ASAP! Legally, she has to file 60 days in advance. If she moves without consent or a court order, you can file an emergency custody order. The court will likely make her bring the kids back.
Get a lawyer immediately and block the move. If she’s allowed to move, make sure travel expenses and a visitation plan are covered in the agreement. A friend of mine fought something similar, and the ex had to leave the kids with him.
My husband fought a similar case. Despite being very involved, the judge allowed his ex to move with the kids to Texas. Now, we only see them during breaks, and he pays all travel costs. It’s not always fair.
You should file an ex parte motion to prevent her from removing the children from the state without permission. This could get you a temporary order until a full hearing.
Very unlikely she’ll win this. She needs to prove it’s best for the kids. Moving for a boyfriend won’t be enough. You have a good chance of keeping the kids in California.
My husband’s ex tried to move out of state with their kids, and the judge denied her request. Even though she moved 180 miles within Texas, she had to drive the kids to him for visitation. Definitely fight this.