my son has joint legal and shared physical custody the visitation days are monday,tuesday and wednesday morning her mothers days are wednesday evening, thursday and friday and every other weekend. the question is we have heard that she might be moving out of state can she legally do that without my sons consent and if so what can we file to stop her?
Answer
Not unless she can maintain the visitation schedule. An out of state move constitutes a material change in circumstances and can be used as a basis to file a motion to modify custody. If you have evidence or strong belief that she is going to move, he should file a motion to modify and request full custody.
Answer
He should contact an attorney to file for a change of custody. Other factors need to be determined and a discussion is necessary. 410.750.2567
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