the father pays child support and has her on the weekends the mother did this behind the fathers back with on notice
2006-06-15 08:04:43 · 35 answers · asked by gunitgrl627 2 in Politics & Government ➔ Law & Ethics
It depends, first, on what the judge's order says, if anything, about it. Then it depends on state law, and you don't say what state.
In general, if the mother has to move out of state to get or keep a job or to be near persons she needs for support, she would be granted permission, but she should ask for it.
Arrangements for continued visitations would be a crucial part of any proceeding.
2006-06-15 08:11:40 · answer #1 · answered by thylawyer 7 · 3⤊ 0⤋
OK, I've been sitting here trying to answer your question and I keep going into a long story about my personal experience, which I'm trying not to do, so I'm going to start all over, again. Laws are different in every state. You will need to a lawyer. You can probably do it without a lawyer, but for something this important, I am advising you to get one, a good one. You don't want any mistakes to be made. First of all, what kind of custody agreement do they have? -Sole, joint, what? If there are no formal custody agreements, first one to file is usually better off. Does he pay support through the courts, or is it an informal arrangement where he hands her some cash, or buys what she may need, without keeping any reciepts? Always pay by check, or some method where you can prove you made the payment. If he has her on weekends, was this informal, or through the courts? All this makes a difference. You can go through the courts and do something about it, if the other parent moves so far away, (don't want to tell you how many miles because I might remember it wrong.) they have to give you advance notification, to allow you time to disagree, and if you did, it would have had to gone through the courts anyway. My advice is to get a lawyer ASAP! I went through something similar, except I was the mother moving with my child. In my case he couldn't do anything about it, because he had caused some extreme circumstances that I won't go into here,If he's only doing it to harrass the mom and doesn't care about the child, let it go. But if he is a decent father who genuinely cares for his child, follow my advice.
2006-06-17 12:40:18 · answer #2 · answered by ANGELa 3 · 0⤊ 0⤋
i don't know if this answer is exactly what you're searching for, but just in case, I'd like to share an experience with you. My daughter went through a custody battle (the father took her to court) & she lost her children to the father... simply because she had moved out of state. I don't know if other states are doing it, but the judge here in Alabama ruled according to the new law that was passed>>> the parent who moves out of state loses the child, the parent who remains in the state gets the child... You may want to check & see if the law applies in whatever state the mother and/or the father of the child live in.
2006-06-15 08:18:59 · answer #3 · answered by ? 4 · 0⤊ 0⤋
It probably depends what state you are in. But if there is a court order that the father was weekend visitations. And if you leave the state he can report you to the DA and file against you for kidnapping. You will be in contempt and serious charges can be filed against you. If you want to legally move your child out of state you need to go back to court to request this. Chances are, depending how old the child is. The judge will order you to stay close enough so visitations are not interupted.
2006-06-15 08:10:05 · answer #4 · answered by LO 3 · 0⤊ 0⤋
It depends on the conditions of the custody agreement. Some people have them to say that the custodial parent must live within a certain amount of miles, or the same county/town/state as the non-custodial parent. If there's nothing in the agreement saying the child can't leave the state, there's not a lot to do except go back to court.
2006-06-15 08:07:06 · answer #5 · answered by zippythejessi 7 · 0⤊ 0⤋
If he does not fight it, then there is no problem. However, if he does, the mother will have to move back into the area in which the father lives and there could be some messy court proceedings to follow. It would be in the mother's best interest to sort custody out properly rather than acting without consideration of the consequences. .
2006-06-15 08:15:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The terms are all contained within the divorce decree.
If it does not prohibit moving out of state, there is little or nothing you can do. It is unlikely a court will alter a decree once it has been accepted unless you can show a compelling reason for them to do so.
Laws vary by state and many states have enacted laws prohibiting custodial parents from leaving the court's jurisdiction (with the children) without approval, so you need to consult with your attorney for specific advice.
2006-06-15 08:12:35 · answer #7 · answered by Left the building 7 · 0⤊ 0⤋
atleast in the state of ohio if the parents arent married and have never been married or gone through court for custody then yes a mother has all leagal right to move with out consent from father but I would still call an attourny to find out about the laws of your state
2006-06-15 08:09:19 · answer #8 · answered by Brandi D 1 · 0⤊ 0⤋
No the mother may not move the child out of state in this instance. The father could press kidnapping charges.
2006-06-15 08:09:42 · answer #9 · answered by Becky A 2 · 0⤊ 0⤋
Yeah she can get in trouble. Usually there is something within the custody battle that lets you know your boundaries as far as where you can move. If a mother moves the child without letting the father know, and he has partial custody too, that could almost be considered kidnapping.
2006-06-15 08:07:24 · answer #10 · answered by cup_o_shina 3 · 0⤊ 0⤋