My wife's ex-husband, (who currently hasn't proven paternity with his 2 year old son) thinks that by filing for joint custody and getting in that he can prevent us from leaving the state. Can we be court ordered to not move?
WE live in Illinois
2007-03-06 07:42:58 · 7 answers · asked by na 1 in Politics & Government ➔ Law & Ethics
she has full custody and at this point he has no legal custody.
2007-03-06 07:56:24 · update #1
the divorce papers state that the child she was carrying was not his( as per his request)
2007-03-06 07:58:50 · update #2
When I was in a custody situation in Texas. Yes, I was told that if I wanted to retain custody I would have to set up house in Texas. Eventually, the decree read that I would need to establish residence within a certain county. The matter can be brought before the Court for a decision though. I would check with an attorney in your area to give you specifics for your situation. But yes it is possible.
2007-03-06 07:49:02 · answer #1 · answered by Rabbit 5 · 0⤊ 0⤋
He probably doesn't have to prove paternity if the child was conceived while they were married - children born of a marriage aren't necessarily questioned unless someone asks. I had a similar issue in California. I had the opportunity to move out of state and my ex did not want our daughter to leave and the Court made me prove that I was moving to better my situation, not to just leave the state, it was eventually denied by the court. I could move out of state and give up my role as custodial parent, and she could live with her father full time. A few years later I ended up moving out of state for a better job, house and life and we agreed on the decision together without having to go to court. Good luck to you.
2007-03-06 15:56:17 · answer #2 · answered by kenchesluvr 2 · 0⤊ 0⤋
My best friend was in a similar situation, although there was no question of paternity. She wanted to move with her new husband from central Indiana to central Wisconsin. Her ex tried to stop her moving, but she had had physical custody for over two years and his visitation schedule wasn't stellar. At first, the judge ordered that she had to provide all the transportation for visitation - which meant she had to drive 8 hours every other Friday, bunk with her parents, and then two days later, drive home. Eventually, the bitterness and control faded and they worked together to the best interest of the children. Good Luck.
2007-03-06 15:57:00 · answer #3 · answered by working mom of 3 4 · 0⤊ 0⤋
Try the sites below for research on this topic. Make sure to change the location/state in which you reside. If you need legal protection, try the last site and watch the online movie presentation. Hope this helps.
2007-03-06 15:50:16 · answer #4 · answered by citronge69 4 · 0⤊ 0⤋
The court can order you not to move if there is a custody question.
2007-03-06 15:48:33 · answer #5 · answered by msi_cord 7 · 1⤊ 0⤋
sorry to say yes the courts can stop you from moving. I would consult your attorney that handled the custody battle and tell him exactly what is going on. good luck.
2007-03-06 15:51:01 · answer #6 · answered by misty blue 6 · 0⤊ 0⤋
Yes you can be ordered not to leave the state.
2007-03-06 16:32:40 · answer #7 · answered by whymewhynow 5 · 0⤊ 0⤋