Am I Able to Relocate Without My Ex Spouse’s Consent If I Have Primary Physical Custody?

 

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 relocate without your ex-spouse’s permission, 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 a far distance away from the non-custodial parent, 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.

Also, if you do want to relocate and your ex-spouse’s reasons for the refusal to allow the relocation are such that they’re not reasonable grounds or they are for the purpose of harassing you, then your ex-spouse may be faced with a court order to pay your attorney fees.

In conclusion, if you have primary custody, you may 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.

If you have questions about this topic or any other family law topic, do not hesitate to contact our office to discuss your matter further. Our office can be reached at

(702) 998-1188, info@ljlawlv.com, or by scheduling a consultation online.

For additional information on the Family Law topic, be sure to check out our Family Law blogpodcast, and Family Law TV playlist on Youtube.

 

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