If my husband and I are recently divorced, and we have 2 children, can I move out of state?

UPDATED: Aug 16, 2012

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If my husband and I are recently divorced, and we have 2 children, can I move out of state?

I have nothing hereother than my children. I was told state law prohibits me from moving. I have custody of the children and father gets them every other weekend. He has all the support he needs because he’s originally from this area, I do not hence the reason I would like to move back home and continue the visitation schedule.

Asked on August 16, 2012 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If this was an issue it should have been addressed before you were divorced.  Generally most agreement state that you can move with in X amount of miles of each other.  But out of state is usually a no no unless you make an application to the court and you have a very good reason - better job with better pay and support, etc.  See what the case law in your state requires.  Good luck.

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