I have full custody of my one year old. I'm wanting to move to another state for a better job. I want to set up visitation with her dad and i'm willing to met him half way. If he doesn't agree and wants to take me to court, do i have to wait untill something is final or can i go ahead and move. (don't judge me and say i'm wrong for taking her away from him thats not what i'm trying to do. He only sees her 4 days a month now)
2006-11-17 12:33:38 · 9 answers · asked by bananabread 1 in Family & Relationships ➔ Marriage & Divorce
Do not move unless you have specific approval from the courts or he can get you for kidnapping and crossing state lines. It shouldn't be that big of a deal if he doesn't oppose it. But I have known men who were just nasty about it and fought it and the court wouldn't allow the move.
Don't take any chances though. Make sure you have approval or he may be the one with custody and you will be in jail.
2006-11-17 17:58:23 · answer #1 · answered by The cat did it. 6 · 1⤊ 0⤋
You will have to go to your lawyer for this matter. All cases are not the same. Most lawyers will tell you it is ok, but NOT until the judge AND the father agree on it, you can not take a child out of the state. Even though that child is yours and you do have custody of the child it is still considered as kidnapping.
So before you do anything at all, go to your lawyer and tell him./her that you have got a better job in another state that is waiting on you and you want to make this move and that you and your x have agreed to meet half way on the visitation. This way it will all be done legally and it will be in writing.
Good luck on your new job.
2006-11-17 13:05:16 · answer #2 · answered by SapphireB 6 · 1⤊ 0⤋
You will have to have the agreement of the father....and if you 2 cant agree the judge will decide.
Fathers are given alot more rights these days, and the court will take that into consideration, so if he doesnt want you to move her away, because he may not be able to visit as often, then you may have to stay, or move with a certain driving distance.
2006-11-17 13:39:14 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Whatever happens, whatever you do or think. Some States like Minnesota you cannot take the child more then 200 miles away from their legal residence without the former spouses approval or the courts. You could loose full custody and be in violation of a court order and subject to a fine. better check.
2006-11-17 12:38:40 · answer #4 · answered by cowboydoc 7 · 2⤊ 0⤋
Yes you have to wait and see what the court says. He does NOT have to exercise his visitation rights. That is not what visitation rights are. It doesn't matter whether he sees her 4 days a month or 4 minutes a month. You still have to wait, otherwise HE can have you arrested for kinapping and then HE will get full permanent custody because you will be in a federal prison oh but you will get visitations...
2006-11-17 14:55:49 · answer #5 · answered by Anonymous · 2⤊ 0⤋
ASK your lawyer advise
men have this thing once the are divorce the ardly visit the child eventhough they have visitation but once you moving out of state
all of the sudden they want to be fathers
well dear it happen to me and other women as well
you have the right to move out of state with your child
but he will of crouse try to stop you
or maybe you might be lucky
Good Luck
2006-11-17 12:44:07 · answer #6 · answered by waiting for baby 6 · 0⤊ 0⤋
it is considered kidnapping in many states. i was almost involved in alot of sh_it like this. you need to get the courts permission to leave state with childern.
2006-11-17 12:44:40 · answer #7 · answered by ~just_jd~ 5 · 3⤊ 0⤋
Before you move call your lawyer about it. He will be able To help you more than us.
2006-11-17 12:38:16 · answer #8 · answered by whataboutme 5 · 1⤊ 0⤋
its ur child u can do that let someone no and tell ur babydaddy and if he rejects to it call ur lawyer and let him u no whats going on or just ask the police call them up they can tell u also...good luck
2006-11-17 13:00:23 · answer #9 · answered by Anonymous · 1⤊ 1⤋