Can a father stop his ex from relocating to another state with their child?

Question

I heard the only way a father can stop his ex from relocating with their child is to sue for custody. My fiance broke the news to her daughter's father yesterday about our plans to move and he said he was going to court to have the move blocked. It's a tough situation for everybody involved, and I'm starting to feel like it would be best if I took myself out of the picture. First, I just wanted to see how we can prepare for this situation.

Answer 1

There are a number of Supreme Court decisions on this issue. It is nearly impossible to "block" a move to a different state. However, the custodial parent must move the court for permission to leave the state permanantly with the children. That usually involves a showing that it would be in the children's best interest. The father could try to sue for custody, but if he didn't win the first time around, he may not have much better luck the second time. The biggest issue with moving out of state usually involves the expense of shipping the children back and forth for visitation, as well as the visitation schedule.

You should seek the advice of a lawyer in your area for specific details. Child custody issues are never easy, but your attorney should be able to work out the details without much trouble.

Good luck!

Answer 2

Tough situation all around. In California, courts have broad discretion in determining whether a minor may change residences over the objection of a parent. Generally, the court determines what is in the best interest of the child, provided that the relocation is not being done for an improper purpose such as to defeat visitation rights.

I am sure that the laws are different on a state by state basis, and in discretionary instances - the outcome is by no means clear, so it is best to consult a local attorney immediately.

I hope this helps a little with what must be a very difficult situation. All the best.

Answer 3

This is a complicated situation. The simple answer is yes, the father can stop his ex from leaving state. However, there needs to be some sort of written, filed account that he is indeed the father of the child, and he has to petition the court to get them to intercede on his behalf. He does not necessarily have to sue for custody, but he may need state involvement, depending on the state you live in now. If you do move, it is the responsibility of your fiance to make sure that the child gets to see her dad. That means if he calls you up after you move and says "I want to see her" your fiance is obligated to rearrange her schedule and pay for the entire trip herself because she made it impossible for him to have the same level of involvement in the child's life as he had prior to the move.

Answer 4

Yes he can. There should be language in the parenting plan that covers this situation. Typically, the way it works is that the custodial parent must give the non-custodial parent notice that they are moving within a specified time (60 days) or 30 days in certain situations.

Once the non-custodial parent is given notice, they can file a petition to block the move until the case is decided. You may not necessarily have to sue for custody. I would advise you to consult an attorney, because laws vary from state to state.

Answer 5

I'm not a lawyer, but I've always heard that you need permission from the other parent to take the child out of state if they have joint custody. It even works for vacations. Both parents have the right to be active in their child's life and that might not be able to happen if the child doesn't live in the same state. It seems tough, but it makes sense. There are so many children that don't have contact with their fathers so it's actually kind of nice to see a father fight for their children

Answer 6

Your fiance is free to move whereever she wants. She cannot, however, take the child with her unless the ex and/or the court is in agreement with the child moving.

It's probably in the parenting agreement that the custodial parent must give the other parent notice 1 to 3 months ahead of the move. The father can then petition the court to keep his child with him instead of allowing the move since the move would disrupt the child's relationship with him.

The child deserves to have both parent's in her life.

Answer 7

depends, have they gone to court? Do they have a parenting plan filed with the court? He can try and stop her through the court. IF she can prove the move is in the best interest, she can fight him. Does he have visitation with the child, does he have a relationship, is he doing this out of spite? If she can prove that she may have nothing to worry about. Sometimes the court will have them come to a visitation agreement, that will let the child visit over summer and long vacations to make up for lost visitation. If nothing has happened by court order and been to court and she has not been served any papers, she can get out of town now, and try to set up domicile in the state she is moving to. most of the time it takes about 6 mo. to do this... Need to know more to tell you if this is legal in your case, such as what states, and such.

Answer 8

I don't know where you live but I know that if the other parent has enough time to file an injunction, then they can file one and can stop the custodial parent from moving out of the state. My sister's ex actually succeeded in suing my sister and now not only can she not move out of the state, but she cannot move out of the county she lives in.

I c annot take my grandson into the State of Georgia because if his father finds out, he can file an injunction and I would not be able to leave the state with the grandson again.

So the answer to your question is yes, it can be done.

Answer 9

My brother in law did just that. He got a temporary injunction to stop his ex from taking his son to another state. He filed for joint custody and she had to stay in their home state. When it went to court he got shared custody and she cannot remove their son from his home state without his consent. I would think if the father has been in the childs life since the separation that most judges would not allow the ex to move the child away from the father. The judge in my BIL case said it was not in the childs best interest to remove him from his father.

Answer 10

The custodial parent can move anywhere they want.