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Interference With Custody or Visitation FAQ


My ex-husband has physical custody of our daughter and I have visitation every other weekend. He wants to relocate 600 miles away for a better job. If they move, I could only afford to see my child every few months. Can he do this?

That depends on which state's law governs. It's usually the state where your divorce was issued, or it could be the state where the child currently resides. States vary widely when it comes to rules about relocation. Some states allow parents with physical custody to relocate with the child, no matter how much distance is involved. Others favor the rights of the other parent to maintain an ongoing relationship with the child, so they are reluctant to allow such moves. Some courts require the moving parent to have a job, secure a home and select the child's school before moving. And in some instances, the person who wants to move has to show that the move is in good faith, not to frustrate visitation with the other parent.

Before going to court about this issue, try talking to your ex-husband. Explain your financial situation and how it will affect your ability to see your daughter. If he insists on the move, court intervention may be inevitable. At that point, it would probably be worthwhile to consult a family law attorney to learn about the law in your state.

According to an existing visitation order, the mother of my son is supposed to pick up our little boy on the same day and at the same time every week. She is usually late -- and sometimes she doesn't show up at all. What can I do?

First, it's important to find out why she doesn't stick to the plan. If it's because of employment responsibilities or caring for other children, maybe you simply need to make some changes to your current schedule. If you discuss the situation with her and can't reach a mutually agreeable solution, consider asking a judge to enforce or modify the visitation order. Modifications could be as simple as switching dates and times, or as severe as reducing the length and frequency of visits. Whatever you decide, you might want to note any lateness or no-shows on a calendar and prepare a list in chronological order. This way, if you do go to court, you'll be able to document the severity of the problem. The court is probably going to be more interested in your child's disappointment than your inconvenience.

Copyright 2005 Nolo

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