my sons mom wants to relocate to denver co she has another child with her boy friend dut the doy friend wont let her take the child with her. The boy friend has been in prieson twice and the relationship in very violent what can be done.
2006-11-30 05:57:54 · 4 answers · asked by charlesmillsaps2003 1 in Politics & Government ➔ Law & Ethics
Is there a custody order in place that prevents her from leaving the state or area without his consent? If so, she needs to try and modify that order before leaving or she could be held in contempt for breaking the order. If there is an order that doesn't state that she can't leave the area without his permission, does it set out visitation for him? If so, she can leave but still has to follow the visitation as set out in the order or again she could be held in contempt. If there is no order in place, then she is free to leave. If there is an order, a modification will need to be done.
2006-11-30 06:07:42 · answer #1 · answered by gigi_victory 3 · 0⤊ 0⤋
Has she taken this matter before the Courts? Surely, a Judge would review the violent history of this man and possibly take away his ability to even visit the child without supervision. He has a criminal history and that won't help him one bit.
Honestly, I don't see how he can stop her from taking the child. Has this already been heard before a Court of law? Why does she want to move to Denver?
I need more details. Yet, I feel based upon what you said he really can't stop her. It would be insane for a Judge to order not to remove the child from her current state unless she is moving to Denver with no job, no family or no friends there. Then the Judge might be concerned for the child's well being.
If she is willing to work out visitation with the child's father, like paying half the traveling expenses, letting the child visit in the summer and one week during christmas, ect. Then there really shouldn't be an issue here.
If nothing has been filed with the Courts and all this guy is doing is flapping his mouth, then she can move to Denver and wait for him to serve papers up there.
Honestly, the guy sounds like a real loser and if she can prove this based on what has been stated a Judge would more than likely be in her favor, because it would be in the child's best interest to be with the mother.
If they are still in a relationship and living together, she needs to get an Injunction for Pertection against this man and move on with her life.
Good Luck and Take Care
2006-11-30 14:14:10 · answer #2 · answered by escapingmars 4 · 0⤊ 0⤋
I am assuming that he has no custody of the child being in prison. She does not need his permission and there is no judge in the world who will tell her that she has to stay in town waiting for him to get out of jail. If he wanted to be a father, he wouldn't be in jail. I believe she should move somewhere else and just not tell him where. She should get a restraining order against him as well if she hasn't already.
2006-11-30 14:08:16 · answer #3 · answered by Little anionyx 3 · 0⤊ 0⤋
She needs to just leave, hes using scare tactic's on her, and she seems afraid of him. She can get a lawyer if she can afford one, or she can call CPA (child protection agency), and tell them her story. This man cannot keep her a prisoner. He will go back to prison for it. If she is serious, and not playing a game, if he hits her again, being you said their relationship was violent, she needs to call the police and have him arrested, then while hes in jail, she can leave. She needs to tell the cops everything that he is doing to her and her child. Its not hard, she just needs to DO IT!
2006-11-30 14:03:59 · answer #4 · answered by xenypoo 4 · 1⤊ 0⤋