No, he cannot stop you from moving to another state; however, he can take it to court and have custody changed to him. If you take it to court for permission, the judge could strip you of custody and give custody to the father. Be careful, I almost lost custody of my daughter because I didn't know a father who fathered a child via rape would have parental rights. I was court ordered to live within my rapist's community or give custody of my daughter to him and pay him child support. It took nearly 3 years of court battles costing thousands of dollars to be able to move to a town where I could go to a 4 year college. The area where I was confined had no jobs, and so I applied for subsidized housing which I was refused because that area was/is highly conservative and anti-single parent. I lived in a car for a while because I had no money for housing.
You have to be careful about this. There are lots of mothers who lose their children because they want to leave the state or town they live in.
2006-06-07 16:30:39
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answer #1
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answered by Anonymous
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Move-aways are the hardest cases for family law judges to decide. They have to weigh the custodial parent's wish to move and how compelling the reasons are against the non-custodial parent's desire to see his/her child on a regular basis, and the harm that the move might cause to the child's relationship with the non-custodial parent.
First, carefully read your divorce or paternity decree to see what it says about changing the child's residence. Second, carefully check what your state's laws are about move-aways. Many states require the moving parent to give the other parent weeks or months advance written notice. If you move without giving the notice as required, the judge may be forced to order the child back while the move-away is litigated. This notice requirement probably applies to all parents, not just those who have had a divorce or have gone through a paternity action.
Since the judge's decision will be based on the facts as presented to the judge, you want to make sure those facts are presented as best they can be. This is a job for a family law attorney, do not do it yourself.
2006-06-07 18:31:27
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answer #2
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answered by shoshidad 5
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In some states he can depending on your reason for the move. If you are going there because your job takes you there then he might have a problem.
When I was small my father had to leave state for his job and wanted to take us kids but it would have been a hardship for my Mother to visit us and the courts said no!
It would have been a real hardship for us kids not being able to see our Mother when we wanted or needed to.
Our Father still left and was gone for seven yrs. it has been 20 yrs and still none of us have a relationship with him still. So if I may make sure your kids keep in contact with their Father if they can.
But at least the kids have their Mother that is in my opinion very important
2006-06-07 16:08:01
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answer #3
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answered by AMERICA FIRST 2
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some indiana divorce decree's state that the custodial parent cannot move farther than 100 miles of the county in which the divorce took place without first petioning the court, giving the ex-spouse time to argue if it is benificial for the kids to go or to stay. check with the courts in the city you live in.
2006-06-07 15:54:37
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answer #4
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answered by beverflo 2
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The court couldn't stop YOU from moving, but custody of your son might be revisited by the court. it's bad enough that you couldn't hold your marriage. Do the right thing and don't move the kid away from his father.
2006-06-07 18:17:54
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answer #5
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answered by Carl 7
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In most cases, you need permission from the father to move the child a certain distance.
2006-06-07 15:54:16
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answer #6
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answered by getagrip 2
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yes he can, you selfish *****. you do not have the right to take his child so far away that it becomes a burden for visitation. just what the hell do you need in another state that you can't get where you are now? some new guy? well go shack up up with the new ****** by yourself, and let the kids father have custody
2006-06-07 16:06:26
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answer #7
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answered by john m 2
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Depends on your divorce agreement- if there is one. I think at the very least, in most states he can stop you from taking your son with you.
2006-06-07 15:52:09
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answer #8
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answered by meathead76 6
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no talk to the judge that gave you custody and if the guy wants to visit then work that out and heres a thought some states dont inforce the payment of child support and if he stops then they may not alow you to sue and or garnish his wages
2006-06-07 15:53:36
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answer #9
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answered by Anonymous
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Plan on shared custody or on doing plenty of vacationing. Edit : How in God's call is the youngster going to alter off each month and bypass to college ? the final association is that the youngster spends the college twelve months with one determine and summer holiday and prolonged holiday journeys with the different. with the aid of fact it particularly is you shifting away , you may disguise the commute expenditures.
2016-10-30 09:30:45
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answer #10
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answered by overbay 4
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