If my fiance has a child from a previous relationship, will she be able to move after we’re married?

UPDATED: Oct 1, 2022

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If my fiance has a child from a previous relationship, will she be able to move after we’re married?

My fiance and I are in MI and are planning on getting married earlier than expected. Basically, I’m about to move to NC for a new job. My wife was not married before but she says that she can’t go more than 100 miles away from her child’s father per their custody agreement. Would my wife to be be able to join me in NC or is there a way that she can get the miles extended?

Asked on September 27, 2018 under Family Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only way she can move would be either voluntarily renogotiating the custody agreement (and then having the change approved by the court--which is not guaranteed, but is likely if both parents agree) or by going to court, convincing the court that the change will either be good for (happier, more financially stable mother) or at least neutral (not bad for) the child and get the court to order the change. She and you should consult with a family law attorney--having an experienced attorney is the best bet for getting the change you and she want. Remember: it has to be approved by the other parent and/or the court, so there is no unilateral right to do this. You need someone good at negotiating and presenting evidence, and who knows the law, to go to bat for you.

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