Am I Able to Relocate Without My Ex Spouse’s Consent If I Have Primary Physical Custody?
The answer to that question is NO.
You are not allowed to relocate without either your ex-spouse’s consent or the court’s approval. Before 2015, if you had primary custody, you were able to do that, but since then a new law was put in place to prevent a parent who had primary custody from relocating without the ex-spouse’s consent or the court’s consent.
This also applies if you want to relocate within the state, not just outside of the state. But the law is really specific that if you want to relocate within the same state, you must not relocate if moving away is at such a distance that it would impair the non-moving parent’s ability to maintain a relationship with the child. So if you’re moving away far, even though it’s within the same state, and it is disrupting the time that the non-custodial parent has with the children, you’re going to either have to get that parent’s consent or you’re going to have to petition the court for approval to do such a thing.
Also, just so that you know, on the flip side of this, if you do want to relocate and your spouse is not agreeing to it, and the reasons for the refusal to allow the relocation are not reasonable grounds or they are for the purpose of harassing you, then that ex-spouse can be fined to pay your attorney fees.
So to sum it all up, yes, if you have primary custody, you still have to get permission from your ex-spouse to relocate whether it’s within or without the state, and/or you must have the consent of the court. I hope this serves to answer this question and if you have any further questions about this topic, please go to vegasdivorcemeeting.com. I’ll be more than happy to sit down with you to discuss your questions.
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