Can I Move Out of State with My Children After the Divorce?

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Friday December 9th, 2022.

Divorce comes with many complications, and having children adds up to it. Usually, after divorce, you plan to move on with your life, but moving out of state can be tricky if you have children. The court primarily decides child custody based on the parenting plan.

It depends on whether you have sole custody, joint custody, split custody, or visitation right. It is easier to move states if you have sole custody of the children and can make decisions. Still, the terms must be decided in court.

Court Permission to Move Out of State

It is obligatory in many states to get permission from the court before moving to another state with your children. The request is accepted or rejected according to the modification order. Even if you have sole custody, you will still need the court’s permission before moving out of state.

In most cases, you need to get permission from the other parent in order to get the request accepted. If both parties agree to this decision, granting permission from the court is merely a matter of filling out the necessary documents. The agreement papers are included in the modification plan and reviewed and signed by the judge.

If the other parents object to the move, it may become difficult to convince the court. However, avoid using written agreements between both parents without court permission. If the other parent changes their mind in the future, it can cost you a whole trip back to the original state.

What to do If the Other Parent Objects?

The court grants permission for the move under different considerations.

  • It will be easier to move if the move is mandatory and due to employment purposes. Assuring the court with a better income and lifestyle for the children helps you even more.
  • If the visiting time of the other parent is less, e.g., a few times a month, the move becomes easier.
  • If the state you are moving to is near, e.g., a couple of hours away, it can also help you get permission from the court.

How to Recognize Fraud in Estate Planning?

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Friday December 9th, 2022.

Frauds and scams are becoming common these days. Many fraud cases in estate planning are being reported, and unlike other scams, estate planning scams can cost you everything you have. Older adults are the most vulnerable group of people prone to these types of fraud.

It becomes very challenging to leave a will under such circumstances. Hence one should have backup plans and appropriate measures to track fraud and scams from agencies, family, or friends.

Measures to Track Down Fraud

There are a few measures one can take to track down any kind of fraud. Whether it is a changed will, misinterpretation, or unequal distribution, you must know the basics to identify fraud in these situations.

Removal from Will Without any Reason

The most apparent indicator of fraud in estate planning is if someone is unexpectedly removed from the will without any genuine or particular reason. It is best to keep checking on the lawyer if this happens.

Contrary Will

The best way to avoid fraud in estate planning is by discussing your will and future plans with family members or a trusting friend. Most people prefer to keep their will and inheritance plan between them and their estate planning lawyer. 

But, discussion with family members can serve as a good way to track fraud in the future. Family members being aware of the inheritance plans prevents any kind of fraud from happening in the first place.

Unequal Distribution

Another way to track fraud is if you notice that one heir is getting more from the will as compared to others. This most likely means that the heir is involved in fraud by coordinating with the estate planning lawyer because it is not usual for a person to favor one heir and discriminate against the others. 

Secretly Signed Will

We all know the importance of witnesses in law. Make sure that you sign your will in the presence of a trusting person. If the lawyer presents an unknown will that no one knows about, it is likely that the will was generated on false claims and is part of a scam.