About to Go Through Divorce and Husband Wanting to Move Out of State.

He can live wherever he wants to, you can't change that. What you can change is how the visitation will work if he goes more than X number of miles.

As for banning the other women from being around your daughter, unless you have some really good evidence that she is a danger to your daughter, that won't ever happen either. When your soon-to-be ex has visitation he will get to be the decision maker including who is around her.

I know this has to be very difficult for you, it would be for any of us. I hope that you are able to come to some agreements with your husband as to how all this will be handled. Remember that your daughter should be your primary focus, not "getting even" with your husband for what sounds like an affair.

Your husband cannot move outside a 100 mile radius without modifying your divorce decree in a manner that you consent to. Judges will allow him to move and visitation will have to be modified. However you can not forbid your daughter from being around the other woman unless you have sole custody of your daughter. Joint custody allows your husband to live his own life with who he wants. You can tell him how you feel, but unless the woman is harming your child she can be around her with him all she wants and the same would go for you if you were with someone he doesn't like.

I have no idea what the legal ramifications are in this situation, but if you can find someone or your attorney knows of someone who deals with custody/visitation for special needs kids, get that person involved. Divorce and custody issues suck for all involved, ESPECIALLY the kids. I would assume that a special needs child will be even more impacted by this. As a child of divorce (3 times) I can say that things need to be as cordial as possible - your husband is the primary jerk; unless the other woman is a danger to your child, just be polite for the sake of your child.

Do what you can to be the primary caretaker - it seems logical to me with your daughter's issues that HE should visit her, not the other way around. She needs more stability than the average kid. Hopefully the legal system will take that into account. Make sure they get all the info they need re. the best situation for your child. Be strong but not angry - be the champion for your kid. Good luck!

Good morning!
I am a family law attorney in the DFW area, and would be happy to discuss your (and your husbands) rights in this situation if you would like to give me a call. My number is. ###-###-####

TT,

If your husband moves out of state, he will be totally screwing himself out of custody/visitation. I'm not a divorce attorney, but common sense tells me that if he moves out of state, then your daughter will not have to go visit him. This will be his choice to leave his daughter behind and move to another state, and will be looked upon as abandonment. If he moves out of state, you will have 100% full custody, so if he wants to see your daughter, he will have to fly here to see her. I'd be extremely surprised if I am wrong. Best of luck!

I believe he is able to move unless your divorce is final and it states something specific about moving. If you divorce is not final I would strongly suggest changing or updating it before it is final. My husband agreed to everything his ex wanted, which is now biting us in the end. Make sure you put that if he moves he is either 100% responsible for the transportation or that you meet halfway. In your agreement you can also list how long she will be able to visit him if he moves. For example, my ex lives 15 hours away so he does not get our daughter every other weekend because of the travel so he gets her 8 weeks during the summer and every other major holiday. Her dad tried stopping me from moving but it did not work. Hope this helps!