My boyfriend has a 9 yr old son who's Mom just called this wknd and states he is taking his son and moving to AZ (we no live in MA) doesn't he have a say whether she can do that considering he does pay $150.00/WK in child support? He is just heart broken! Oh yeah - this is all happening in 2 weeks!!!!!
2006-07-31 01:38:49 · 6 answers · asked by LISA P 1 in Family & Relationships ➔ Family
I would think he would have a say so.I mean,he needs to look at his custody papers and see if theres any stipulations about moving across state lines in there.If theres not,then he needs to contact a custody lawyer.They could get it so the child couldn't be moved across state lines until they go back to court. And if the judge decides to let the mother take his son,well then he could opt for 6mos. with him and 6mos. with her. There are a few options for him,but he needs to contact a lawyer.
*** I think it's great that he wants to be in his sons life.Not so many kids are that lucky.My dead beat ex hasn't seen his kids for 5yrs. and hasn't made but 1 child support payment in 7 yrs.That was only 150.00 dollars a month for 2 kids. So your boyfriend is a great guy.Keep him.And do like I said,there could be another answer.Maybe they should ask the boy,he's old enough to decide also.
2006-07-31 01:54:59 · answer #1 · answered by Fluttery 3 · 0⤊ 1⤋
Unfortuanately if the mother is the custodial parent then yes she can take the child anywhere in the world and he would still have to pay child support. However, he still has a right to see the child. He can go to court and petition for an agreement in visitation or he can come to some kind of agreement with the mother if they get along.
But if in the case that they don't get along going to court is the best answer. He should try to do this before she leaves. If not he's going to have to go to where she is moving to petition the court there.
Another thing, The judge will use the "What if he (your boyfriend )moved away" question so tell your friend to have an open mind.
2006-07-31 08:49:31 · answer #2 · answered by DREA 2 · 0⤊ 0⤋
I don't think he has a lot to say about the move, but he should get more time with his son granted, like all summer, more holidays, or something. That would help make up for the time they're going to lose together. I advise he talk to a lawyer to see what options he has. Even the ex can't be tied to a certain location, it isn't fair to her either. But she should be able to see his side of it, and why he'd need more, longer times to have his son with him for visitation. And also the economics of such a move.
2006-07-31 08:46:52 · answer #3 · answered by fishing66833 6 · 0⤊ 0⤋
I don't think that can happen. But it might depend on the state. I was in the same situation and I was told by the attorney you cannot move ??? miles away. If you would then the other party can go to court and we would have to move back. tell him to call the DA.
2006-07-31 10:19:42 · answer #4 · answered by e_deckwa 5 · 0⤊ 0⤋
Call friend of the court, in most states you have to have the courts permission to move out of state with the child.
2006-07-31 08:43:34 · answer #5 · answered by Granny 1 7 · 0⤊ 0⤋
It all depends on what's in the written (hopefully) agreement they signed that outlined custody provisions. If he didn't have it stipulated that she couldn't, then she can.
2006-07-31 08:42:53 · answer #6 · answered by jurydoc 7 · 0⤊ 0⤋