We live in Fl, and after 2 1/2years, mom wants to move to VA, with child, as new hubby (in nov.)will be stationed there next summer! They plan to move back to Fl in 3 years when he retires! 8 year old girl, Born here, raised here, all of family here, maternal, paternal, extended, thru both bonus parents! We have her Mon& Wed til 9pm, and Fri- 6:30 on Sat so we do exercise our time with her weekly, and often more frequently, and pick her up earlier than stated in papers most often! Any similar cases, and opinions appreciated! Do we have a chance?
2006-09-24 18:20:25 · 10 answers · asked by JETT 2 in Family & Relationships ➔ Marriage & Divorce
In order for the mom to do this, she is going to have to let your husband know within thirty days of her move via mail. As well as send a copy of this letter to the courts. Your husband then has 30 days to respond, again by a letter which will be sent to the ex and the courts as well. If he contests, it's documented, then all he has to do is petition the court for a modification of placement. Being that so much time is spent with both parents, it's doubtful the court will allow her to remove the minor child from FL. In the courts eyes, FL is this girl's home state and if all her family lives there, the mom does NOT have the right to remove her without the courts approval. And in order to get the approval, she's going to have to prove neglect or abuse. Being that there doesn't sound like there's any, the courts probably won't approve. It's their job to look after the best interests of the child, not that of the parents.
2006-09-24 18:41:58 · answer #1 · answered by Hollynfaith 6 · 1⤊ 0⤋
If the ex is the custodial parent (even if there's joint legal custody) and there's nothing in the divorce decree that says she can't move the child out of state, then she can.
My divorce decree was written that I could *not* move my children out of state (ex had that put in).
Check the custody papers and divorce decree and see if there's a clause.
2006-09-25 01:24:53 · answer #2 · answered by Avid 5 · 2⤊ 0⤋
you need to go to court of course and the judge will look at everything, but if all things are equal, the parent who wants to leave. my friend's son in florida just got custody of his child because the mother wanted to move to another part of florida which would be hours away from him. she took the child even though they were in negotiations and she was ordered not to leave the county. it is not your husband's fault that his former wife wants to move elsewhere with her new spouse. your husband did not do that. why should he lose the child?
2006-09-25 01:25:19 · answer #3 · answered by new yorkr 4 · 0⤊ 0⤋
My divorce decree stated that both parties had to agree for a child to leave the state. My ex was going to Alaska to chase a guy and I refused to let my kids go with. I won and they stayed with me.
2006-09-25 01:33:12 · answer #4 · answered by WingNo19 3 · 2⤊ 0⤋
Yes
2006-09-25 01:26:42 · answer #5 · answered by Mutya P 7 · 0⤊ 0⤋
Generally, the courts will lean in the mother's favour, especially as her husband will be "stationed" there.
2006-09-25 01:24:36 · answer #6 · answered by sarah071267 5 · 0⤊ 0⤋
Put up a fight. Show what a good father he's been. You might even file for sole custody. That would teach them.
2006-09-25 01:25:20 · answer #7 · answered by notyou311 7 · 0⤊ 1⤋
tell him to not give up..
if he loves his kid alot..which i know shouldnt have said that..
of course he does..just try to keep up his spirits and look up whatever you can on the matter.
wish I had more knowledge on this...
best wishes
in all things PRAY about it
2006-09-25 01:33:35 · answer #8 · answered by sHiNe 2 · 0⤊ 0⤋
You need to consult a lawyer but its not that bad if they'll move back in 3 years...that's not that long.
2006-09-25 01:29:59 · answer #9 · answered by DrSH 5 · 0⤊ 1⤋
she very likely could win
2006-09-25 01:42:26 · answer #10 · answered by sis 3 · 0⤊ 0⤋