Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My ex-wife is wanting to mover herself and my daughter out of state. She is moving for no apparent reason other than a change. She owns a home here and has a job and family here also. If she does move my daughter 7 hours away, is it her responsibility to make sure I still get my 100 days per year with my daughter? I don’t see why I should have to drive a 14 hour round trip and pay the ridiculous price of fuel or pay to fly her back to me, when she did not move because of a transfer or hardship. How much am I responsible for on getting my time?
Generally, any move a parent makes that disrupts the current custody plan in a manner that is detrimental to the relationship of either parent is a move away and may be a substantial change of circumstances warranting a change in custodial time or even a change of custody. This means that your wife will have to request for a custody modification that will address the division of custody before she moves out-of-state.
The court will consider what is in the best interests of your daughter and will also consider the current timeshare and how you and your ex-wife are exercising your time with your daughter currently. This is done to ensure that each party continues to receive their legal allotted time with the child. You and your ex-wife may be required to work out a new custody plan that ensures that you continue to see your daughter. Most states family law courts review additional factors before a final modification order is granted.
