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Noncustodial father wants to know if he can force mother to move back to original state with the kids

Your Question:
I have a friend who was divorced 2 years ago. He had a parenting plan in place and his ex re-married. About 6 months ago his ex decided to move to California with their 4 children. He tried to fight it, but she won because she was moving there for her new husbands' job. It is costing him a fortune to fly down there every month to see them. Is there any way he can fight to have her move back here with the children?

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My Answer:

Thanks for writing.

The court has no power to order an adult to move. The court can only decide which parent will have custody of the kids. So, your friend can't get any court to violate the US Constitution (Freedom of Movement) and demand that the mother move back.

You have provided no details to indicate that the children are in peril as a result of the move, so your friend would have zero chance of changing custody so that the kids will live with him.

Best thing, probably for your friend and his kids, is if he moves to California and lives a few miles away from the mother. He saves on travel $$, he can participate in their various events, and he may convince a court to give him more custodial time since he's so close again.

Waaa waaa waaa, it's certainly not fair. But that's the reality of his situation, once a court let her move with the kids.


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