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We have not had our initial status conference yet with the court, my wife filled a motion to relocate the children out of state. There is no parenting plan set yet or child support order set by the court since she has only filled for divorced and I have only filled the response. The initial status conference its on Jan 14th 2016.
Jan 6, 2016
Family Law
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

A request to relocate a child out of state is a scenario that happens relatively frequently and is well resolved in the law. There are actually two differing standards under which the parents and the Court may discerning whether a relocation is appropriate, one pre-decree and one post-decree. Your message affirms you are not yet married and there is no parenting plan yet in place. Thus, you would be using a standard that could allow a primary parent to relocate more easily from some perspectives. However, it is most definitely NOT a foregone conclusion that your wife may relocate with your child. I will need much more detail with respect to parenting history, the relocating parent’s intentions and details regarding the child to assess the likelihood and appropriate responses. I highly recommend that you meet with a lawyer to discuss your options and an appropriate response to the motion to relocate.

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