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MD_dad_of_two
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Reged: 03/28/10
Posts: 1
Loc: Baltimore MD
How far away can a spouse move?
      #645859 - 03/28/10 03:38 PM

Just started mediation and my wife thinks she may need to move to a house she owns about an hour and a half away from our primary residence. We need to sell the primary house since neither of us can afford it alone, but our friends, the kids' school, etc. are close to the primary residence, not the weekend home. If I move to follow them I'd have an untenable commute to work and back and would only be moving because she is. We're currently working towards 50/50 but if she moves one of us will have to go with less. Since she wants the divorce and recently quit her job I'm assuming I should be the one that gets primary custody - giving the children the ability to stay in their current school. Thoughts?

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Debi
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Reged: 06/03/05
Posts: 7155
Re: How far away can a spouse move? [Re: MD_dad_of_two]
      #645879 - 03/28/10 06:37 PM

I'd say you're exactly right. An ex-spouse can move as far as they like. Its a matter of how far the children can be relocated. Generally the courts do like to keep things as normal as possible for them which means staying in the same area. She would have to show how the move would be in the childrens best interest, not hers. It's not an easy thing to do.

My x and I have 50/50 and it is stated in our CO that if either of us moves we give up primary custody to the other parent.

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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.


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Yes_Dad
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Reged: 08/23/08
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Re: How far away can a spouse move? [Re: MD_dad_of_two]
      #645918 - 03/29/10 06:55 AM

[quote]Just started mediation and my wife thinks she may need to move to a house she owns about an hour and a half away from our primary residence. We need to sell the primary house since neither of us can afford it alone, but our friends, the kids' school, etc. are close to the primary residence, not the weekend home. If I move to follow them I'd have an untenable commute to work and back and would only be moving because she is. We're currently working towards 50/50 but if she moves one of us will have to go with less. Since she wants the divorce and recently quit her job I'm assuming I should be the one that gets primary custody - giving the children the ability to stay in their current school. Thoughts? [/quote]

Do you HAVE to move the whole way? Can you just move part way?


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