Legal Question in Family Law in Hawaii

Move away issue for Couple not looking to Divorce

Are there defined visitation/custody guidelines for a move- away situation for a married couple? This situation involves 2 professionals - whereby the mother decided to move to a new location and take her children to a new state very far from the couple's household. The father is not likely to be able to find similar employment opportunities in the new city. What are his options to prevent the move or establish some visitation guidelines - without resorting to filing for dicorce?


Asked on 6/15/06, 9:54 am

2 Answers from Attorneys
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Move away issue for Couple not looking to Divorce

The parent that does not have the children residing with him/her has an absolute right to visitation. The courts will effectively prevent a spouse from relocating where it will result in a denial of the right to visitation. You should realize that whenever one party decides to move to another state with the children, this is a prelude to divorce even though that spouse denies it!! You can proceed in court by requesting custody of the children. Although you may not obtain custody, the court will prevent the other spouse from relocating unless special arrangements are made to protect your rights.

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Answered on 6/15/06, 10:34 am
Daniel Clement Law Offices of Daniel Clement

Re: Move away issue for Couple not looking to Divorce

You can certainly seek to prevent the relocation by filing the appropriate action in court. As part of that action, you should also seek custody of the children.

Please let me know if I can be of further help.

Daniel Clement

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Answered on 6/15/06, 10:42 am


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