Can My Ex Move With Our Kids Out of State?
Can your Ex move out of state with your kids? The simple answer to this question in the state of Idaho is Maybe. Appendix A, which is supposed to be attached to every divorce decree states that a parent cannot move beyond a 2 hour drive from the previously established home, without the other parent’s written consent or a court order.
So, your ex has to convince the court to allow the proposed move to California or Paris or wherever over your opposition. Under Idaho law your ex has a high burden. Your ex has to persuade the courts that the benefits of the move to the child outweigh the harm that is presumed will occur to the child’s relationship with you if the move occurs. The analysis is fact-oriented.
Situations that can snatch victory from the jaws of defeat or defeat from the grasp of victory include one parent having issues with substance abuse (alcohol or drugs), physical abuse, long term incarceration, or a history of minimal contact with the children. A stable extended family for the children and a job opportunity for the moving parent is also important.
And there is the occasional easy case where the parent remaining in Idaho may agree to the move if certain other terms are also agreed. There is no one-size-fits-all answer to the question. The proposed move-away is likely to be an uphill battle if it is opposed, but there can be angles that change the balance and that is frequently worth exploring. Kevin J. Waite, a family lawyer in Coeur d’Alene provides valuable legal information related to divorce and custody.
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