My boyfriend has a kid. His baby's mom is saying now that she is moving in March and taking the baby with her. She has full custody and he pays child support. He doesn't want her to take him. What can be done? Does he have any legal right? Is there anything that can be done to stop her taking him away?
2006-12-22 04:46:11 · 17 answers · asked by Jess 1 in Pregnancy & Parenting ➔ Parenting
He also sees him on weekends and usually once during the week. So, he is a big part of his life. And well, she is just kind of a b****, and uses him against him.
2006-12-22 04:50:03 · update #1
as long as the court says it ok then im sure that it is ok. the only thing you can do is talk to her and try to make her stay. if that does not work. follow her. move there as well. if thats the only way for the daddy to see his son he should drop everything and go. start planning now.
2006-12-22 04:48:47 · answer #1 · answered by littleluvkitty 6 · 0⤊ 0⤋
If she is moving far enough away that it would be a hinderance for him to see his child then he may be able to get an injunction to keep her from moving. He will have to prove that he keeps all his visitation and that he is a big part of the child's life. He should contact an attorney to stop her. There should be a child advocate service in your community that can lead you to the right department within Child Services, or you can start with Child Services. In any case though, she needs to get it cleared through the courts to move. She can't just up and move and deny him his visitation. He could force her to stay within a reasonable distance and to bring the child at least half way for his visitation.
Or, he could sue for half custody which means he could have full custody 6 months out of the year. One or all of these options may be enough for her to reconsider moving.
Good luck!
2006-12-22 13:00:14 · answer #2 · answered by Sunny_1_ 3 · 0⤊ 0⤋
If she has full custody, he needs to take her back to court ASAP, because just by filing the papers, and letting the court know he pays child support and shes moving, the courts will put a clause on her that she cannot leave the city with that child until courts have been completed. Then tell him to get get partial custody or under stipulation that she cannot leave the state (as to moving). If she has soul physical custody of baby, she can pretty much make all decisions of her. Now if dad wants to make decisions or be able to be apart of her decisions, he needs joint physical/joint soul custody.
2006-12-22 12:52:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
He needs to file a petition in the Court where she was given custody and try to stop the move. That way, if the Judge does let her move, your bf will know he tried.....maybe you guys could move too if that happens.......
He needs to file it ASAP b/c you have to get mom served, she gets time to file an answer, you have to set it for a hearing---it could take until March to get it all done depending on the Court's docket.
I do all my divorce decrees (I'm an attorney) to state that neither party can move out of the county (sometime I use State) without the other party's written consent OR court approval. He should beat the a** of his attorney if they didn't put that in there.
2006-12-22 12:55:03 · answer #4 · answered by kathylouisehall 4 · 0⤊ 0⤋
Some states can issue that a woman may not move out of the state with the child. So he needs to consult a lawyer and see if he can possibly take her to court and make her stay in the state.
2006-12-22 13:16:04 · answer #5 · answered by 2007 5 · 0⤊ 0⤋
There really isn't anything that he can do. If they were to have joint custody then he would grounds to stand about not letting her move out of the state, but with her having full custody there isn't much that can be done. It's a tough situation.
2006-12-22 12:52:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Nope.
She has full custody and can move with the baby anywhere she wants. Further, he is responsible for continuing to pay child support regardless of where she chooses to move to.
2006-12-22 12:49:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
most child support orders will say that if their is joint custody that the parent with placement of the child cannot move over state lines or 100 miles away...if she has full custody adn placement of the child all he can do is take her back to court to ge the custody changed
2006-12-22 12:49:48 · answer #8 · answered by Tissa 4 · 0⤊ 0⤋
It all depends on the state. Here is alabama the parent with majority of custody can not move more than three hours away from the other parent with out consent from the other parent... or court order.
2006-12-22 13:04:50 · answer #9 · answered by Dizzy 2 · 0⤊ 0⤋
I would talk to the lawyer, they could set something up. but if she has full custody of the child she can pretty much do what ever she wants. but call child support and let them know too.
2006-12-22 12:51:06 · answer #10 · answered by misty blue 6 · 0⤊ 0⤋
If she has custody there is nothing that he can do, but if he has any visitation rights then she has to legally make sure that he can see his child on his days to have the child.
2006-12-22 12:48:56 · answer #11 · answered by Garrett's Mommy 4 · 0⤊ 0⤋