Legal Question in Family Law in Maine
Mother/children moving out of state
My ex-husband and I have shared custody of our two children ages 7 and 9. I want to move to Florida where my mother is because there are more jobs there to support my children. My ex-husband is threatening to sue for sole custody if I try to do so. It is written in the divorce that I am only required to give him 30 days notice of an intended move. Can I be charged with kidnapping if I take the kids with me to Florida despite his threatening or am I stuck living in poverty in Maine just to be able to have them with me?
1 Answer from Attorneys
Re: Mother/children moving out of state
If you have not yet provided the formal notice of the intended move, you will be in Contempt of a Court Order if you move with the children without first providing the notice and waiting the requisite time period, unless either you or the children are being abused.
In most cases, if the other party seriously intends to fight over custody they will use the time period after receipt of Notice to file a lawsuit and ask the Court to rule on when or if the children can be moved.
The best solution for children is usually one in which the parents mediate their differences and agree on doing what is best for the children.
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