we both live in Florida and she is wanting to move to Indiana with my son. If that happens I will get to see my son less then what I already do. Is there something that I can do that would prevent her from being able to do this?
2006-10-12 16:34:41 · 11 answers · asked by Robert Paulson 1 in Family & Relationships ➔ Marriage & Divorce
You have every right to petition the court to force her to stay. He is your child as well and she should make it difficult to see him, unless she has good reason too; abuse, drugs, etc.
But take her to court and have a judge put a stop to it. Good luck.
2006-10-12 16:38:46 · answer #1 · answered by FaerieWhings 7 · 0⤊ 0⤋
That depends on the laws in your state and the custody arrangements in your divorce decree. In the State of Kansas, the residential parent has to give the non-residential parent 30 days written notice before moving anywhere -- even out of state. If the non-residential parent wishes to fight it, they can file for a court date and make a motion to attempt to delay/stop the move until the court date -- then it is up to the Judge to decide what is in the child's best interest. My suggestion to you is to call a lawyer in your jurisdiction that is familiar with the child custody laws in your state and ask them what you can do to prevent your ex's move and/or to modify the custody order to have your son live with you so she can freely move to Indiana. Realistically, you have very little chance of winning and/or preventing the move. Buy your son a pre-paid phone card, a computer and pre-paid internet access, and/or get ready to build some frequent flyer miles because over-turning custody decisions is an expensive and time-consuming process that usually doesn't happen unless you have photographic proof that the other parent is endangering the child's welfare.
2006-10-12 23:42:55 · answer #2 · answered by kc_warpaint 5 · 0⤊ 0⤋
Get a lawyer, NOW. Unless she has a DAMN good reason for moving you can fight this and keep her from moving. If you sit on your *** and take no action, you will not stand a chance. Get your attorney to file an order so she can't leave the state with your son until this goes before the judge. In most states she is required to provide you with a written notice and also a revised partenting plan (visitation).
Get this before the judge and plead for him to intervene, explain that you are wanting to be involved in your son's life and that this move will make you unable to do the things you want to do with him.
2006-10-12 23:39:00 · answer #3 · answered by ? 3 · 0⤊ 0⤋
You need a lawyer. If she has family ties or a job offer in indiana they will probably let her go with provisions that she help pay for travel to get your son back and forth to see you.
2006-10-13 07:34:56 · answer #4 · answered by princess fa la la 2 · 0⤊ 0⤋
You would have to modify the divorce papers to state that she or you cannot leave the State without the possibility of the other getting custody of the child if they do. You haven't stated if you are already divorced...if not this needs to be stated in the divorce papers, so one of you doesn't just up & leave across the country if you feel like it.
2006-10-12 23:38:59 · answer #5 · answered by Geez Louise 4 · 0⤊ 0⤋
You need to petition the court, unless she has a good reason for leaving, she should have to stay. However if the reason to leave is for the good of her and the kid, work out visitation arrangements. I was a child who was in this situation, the judge ended up letting my mom take me out of state, however, my dad had to pay to bring me home on vacations (we moved to Texas, my dad was in Michigan) and my mom would pay to have me return to her in texas. That was to ease the financial burden on the two of them, but in my situation, my dad never in the 5 yrs we lived there sent for me, so I hope that if a judge rules in favor of her to move and this is an option, you send for your child every vacation and holiday that it is possible to do so for, or even consider going there for a visit.
2006-10-13 10:38:20 · answer #6 · answered by HappyGoLucky 3 · 0⤊ 0⤋
This depends on what your legal custody arrangement is for your son. If you share legal custody then you should be able to fight her move. If she has primary physical custody, you should still be able to require that you have reasonable visitation, and if that is every other weekend, you should be able to fight it still.
I had to remain in the area where my ex lived.
2006-10-12 23:57:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Oh yeah, most matters in child-custody issues favor not splitting the living arrangements to that far away. Contact an attorney.
2006-10-12 23:39:57 · answer #8 · answered by DanaZ 3 · 0⤊ 0⤋
I am assuming she has the custody of your son??? You need to talk to her about this situation. Tell her that it is important for a boy to have a father as a role model in his life. Maybe she will realize it and change her mind.
2006-10-12 23:39:19 · answer #9 · answered by Your Wife 3 · 0⤊ 0⤋
can she do it legally?i mean does she has rights to move out so far away? that will suck but i dont think so u can stop her if she has the right...im sorry
2006-10-13 00:07:47 · answer #10 · answered by Ashlee_Hbiba 3 · 0⤊ 0⤋