Relocation and Modification of Parenting Plans
I have fully joint custody of my 11 year old son with his mother. In our Parenting Plan we have a 50 mile clause stating neither can move more then 50 miles from the other without losing a portion or all of our custody. She is remarried and now looking to relocate from Colorado to California, stating her husband has medical issues requiring them to leave Colorado (environmental allergies). When this first came up she was in agreement that our son would stay with me for the school year and go with her for summer break. She is now stating that we “Will” let our son make the decision of which parent he spends the majority of the time with. I believe she is also trying to convince our son why he should choose to move there. What, if any are my options at this point in time?
Generally speaking, neither party can relocate the minor child out of state without the consent of the other party or a court order. Your son does NOT get to choose which parent he lives with. Your ex-wife will have to file a motion with the court requesting that she be allowed to relocate with your son. I assume the court will appoint a Child and Family Investigator to conduct an evaluation and make a recommendation. It is likely the court will also order you to mediation. If you cannot reach an agreement, the court will set the matter for a hearing.