taegu2@aol.com wrote:
[ex-wife planning on moving 5 hours away removing son from OP's easy
access, visitation, etc. Parenting plan allows this]
More
importantly, will a judge modify the decree simply because it really is
in the best interest of my son to have his father close by and
accessible?
Yes. The court's job is to act in the best interests of your son. You
seem to be solvent, so why haven't you hired a matrimonial attorney
already and asked him not IF you can, but HOW to accomplish what you
want? After reading your replies here, get yourself out and hire an
attorney who will act in your and your son's interest.
The rub here, and the rub is great, is that you will need to convince
the court that it is in the best interests of the child to be near both
parents. Your case is damaged by her saying she's moving for employment
opportunity, but that can be blunted or even negated if you demonstrate
to the court that her employment opportunities don't differ, or don't
differ substantially between locales. Even if you can demonstrate that
there is employment for her locally, it'll help enormously.
The short answer to your question is, "Yes, it's possible, but no
guarantees". The mechanics of getting it done need a lawyer.
-paul
ianal
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