wants to move out of state with child and i dont want her to
2007-03-28 02:41:39 · 13 answers · asked by jy_mack 2 in Family & Relationships ➔ Marriage & Divorce
There is zero chance she can leave the state with your son unless you let her. Never settle for anything less then half physical custody and that locks her into the state and there's nothing she can do about it. You have to remember that the law as written is not sexist and the only way any parent gets their way is by knowing their rights.
Read the divorce laws in your state and make sure you know your rights. Don't be bullied by your Ex or her lawyer. You should definitely go over your custody agreement with a fine tooth comb because it will state exactly what both parents can and cannot do. If you don't like it then go to court and fight for it to be changed. The great thing about child custody is that you can go back to court as many times as you like if you feel the best interest of the child is at stake. You could consult with your divorce lawyer but too many of them now a days are chicken when it comes to fathers rights. Your best bet is to find one who is also a Guardian ad litem. Just do a Yahoo search (or Google) that term and the name of the state you are in. You should find one in your area.
Hang tough and remember, as far as the law is concerned the playing field is level. Good luck. Trust me. I've been there.
2007-03-28 03:09:24 · answer #1 · answered by IveBeenThere 4 · 0⤊ 0⤋
has their been a divorce decree or our you currently going threw the process,
if you have a divorce decree with custody issue this should be addressed, most likely without your consent or court order changing the terms she can not take the child out of state, it would be considered kidnapping
if you are currently going threw a divorce and papers filed with the court if she would try and leave the state the court could order her to return to there jurisdiction or face kidnapping charges
Now can she legally remove the child out of state, the court will look at many factors to see what is in the best interest of the child
like
reason for moving to another state,
your relationship with your son, involved in the child's life
up to date with child support payments
your current situation, work, living etc
can she afford to fly , the child back for visitation
talk to your lawyer if she is threatening to take the child out of state you can get a judge to issue an order that until the divorce and child custody is solved she can not leave the state or be held in contempt of court
2007-03-28 03:00:47 · answer #2 · answered by goz1111 7 · 0⤊ 0⤋
There is zero chance she can move out of state. Even moving out of your local area will be difficult for her. Demand a 50\50 split on time and don't budge for any reason. It is the best thing for your child to have BOTH parents actively involved in their life. Look at holiday visitation very closely. Make sure you alternate holidays every year. Make sure you look at the tax implications of the issue alternate deductions every year. You are entitled to raise your child and your ex has zero right to remove them from the place they have grown up.
Remember in the end that you and your ex are linked together forever so try to take the high road and keep it civil and constructive. The more you and her can decide things between you then the less money you will feed to the blood sucking lawyers, and the more money you will have left to spoil your kids and send them to college......
2007-03-28 03:27:22 · answer #3 · answered by flyfish_777 4 · 0⤊ 0⤋
She can move anywhere she wants to, but it complicates child visitation. Usually each parent is responsible for taking the child one way during visitation. Be sure it is written into the Divorce Decree. The parent who fails to abide by the Decree can be held in "Contempt of Court". She may not know this. Children need both parents, so do all you can to reconcile OR at least put the children first and yourselves last.
2007-03-28 03:08:14 · answer #4 · answered by nancy 1 · 0⤊ 1⤋
You'd have to go back to court and fight for the child and custody. make sure that you have all your ducks in a row. You know, job, security, a place to live that sort of thing. She can't take the child out of the jurisdiction of the court, without both of your consent. However, if you are not paying court ordered child support, or your behind, or you live with your parents, those might be grounds for the judge to see things her way.
2007-03-28 02:49:51 · answer #5 · answered by auditor4u2007 5 · 0⤊ 0⤋
If you do not want her to move out of state then get a lawyer and take this to court. You may have some say so that she cannot do this. First of all you will need legal advice and help though.
2007-03-28 03:29:29 · answer #6 · answered by Lady Hewitt 6 · 0⤊ 0⤋
well honestly, it's up to the court system sometimes very screwy. But if you are a fit parent and depending the age of the child you have a chance.
2007-03-28 02:48:55 · answer #7 · answered by kirby k 2 · 0⤊ 0⤋
The chances that she "can" are slim to none, if you don't give her written permission to take your son out of state.
2007-03-28 02:50:02 · answer #8 · answered by Lovebug123 5 · 0⤊ 0⤋
Demand joint legal custody of your son. Once granted, he cannot be moved without your consent.
2007-03-28 02:46:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Depends on if she has full custody of him/her or not. If she does, theres pretty much nothing you can do about it. If you dont want her to move(like you said) then fight for joint custody.
2007-03-28 02:45:54 · answer #10 · answered by Ashley_Nicole 3 · 0⤊ 1⤋