A friend of mine filed for divorce in Kansas and moved to Iowa with her son 9 yrs old(boy)!Father cheated and is involved with someone in TX,but during the separation and selling of the house (still not sold),basically wanted nothing to do with the child.After everything on paper was put in front of him decided that the child needed to be located in the state that he resides in(Kansas).What would provent her from moving away to another state,better job 80K,brand new house,250K?What can stop her?
2007-06-14 17:37:47 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Understand that he (father) went abroad on a cruise with another lover,and wants nothing to do with the child on Father's Day,eventhough it was offererd.Why is it wrong to move to get into a better situation and move on?The male half was the one that left and never came back basically,and is on vacation 24/7 from the child.
2007-06-14 18:04:29 · update #1
A court order that the ex husband will find very hard to secure. Sounds like mom has it totally together.
2007-06-14 17:51:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Laws are different in different states, but she really needs to seek the advice of an attorney. The man is still the childs father and there is nothing that changes that bond or love, just because he lost his way in the marriage, don't make it worse by ripping the child away from him; the only one who pays is the boy.
All this boy's life will be filled with a hole that only his father can fill; sure, we can try to justify why he shouldn't see the child etc., but when we get down to what really matters, you need to make it possible for them to see each other as much as possible. The 9 year old is more valuable and all his tomorrows, than any brand new house or big time job; when he was brought into the world, his well being must be considered before the parent's war.
2007-06-15 00:47:44 · answer #2 · answered by OPTIMIST 4 · 0⤊ 0⤋
He has every right to demand the child stay in the state it was born in, and resided in...she moved away without his consent...and basically did what is referred to as parental kidnapping by taking the child across state lines during a divorce.
He did what is normal, waitied until he was served, and consulted an attorney who told him what his rights are...the fact he had nothing to do wtih the child can easily be blamed on her by his attorney for taking the child away...so that isn't even an argument for her...
she should have petitioned the court to be able to move...her job, her house....nothing in Iowa matters...she moved away illegally...there is a very good chance she will either have to move back, or give custody to the father.
ADDED DUE TO ADDITIONAL DETAILS:
please bear in mind that the divorce aspect (infidelity) and custody - are two seperate and distinct things in the court. The fact he took on a lover and chose to leave his family has NO BEARING on the custody. You are also hearing things from the side of your friend only...and one thing you have to remember in things like this is that there is his side, her side & in the middle of the mud is the truth...it is perfectly fine to better yourself & your situation...however, the laws are the laws...she should have waited until the divorce was final, and she had permission, to move...
what he is doing, regarding the child, is very typical in these cases...it is going to come down to a he said she said...she has no way of proving he didn't want to see the child...he is in a very good position legally right now...
2007-06-15 00:44:11 · answer #3 · answered by allrightythen 7 · 0⤊ 0⤋
Nothing stops her from moving away. The court order will stop her from bringing her son with her to the other state. If it is ordered by a court that her son has to be in the same state as his father then she will have a certain amount of time to get back there. If she is not back by then she will be charged with kidnapping or escorting a minor across state lines.
If she chooses not to move back to the state the father resides in then she has to surrender custody of the child to him.
2007-06-15 00:44:25 · answer #4 · answered by hotelmajor 3 · 0⤊ 0⤋
The law can't make her stay. Especially if she proves that he wanted nothing to do with the child during the seperation.
The divorce judge will shift all the access over to family court to deal with anyway, and they will help make the parents negoiate travel arrangements for the child.
2007-06-15 00:41:17 · answer #5 · answered by Puss in Boots 4 · 0⤊ 0⤋
Lawyers
2007-06-15 00:40:53 · answer #6 · answered by Chris G 2 · 0⤊ 0⤋
my sister has the same problem. what would stop her is that she would probably lose all custody rights if she moves from a designated area. at least that's what my sister's agreement says. 15 miles from a specific town til' her daughter is 18
2007-06-15 00:41:47 · answer #7 · answered by cheesey :) 3 · 0⤊ 0⤋
Kanas
2007-06-15 00:41:09 · answer #8 · answered by grayeyes4u 2 · 0⤊ 0⤋
The law. Its on his side.
2007-06-15 00:40:51 · answer #9 · answered by tjnstlouismo 7 · 0⤊ 0⤋
THE LAW!!!!!!!!!What else
2007-06-15 00:45:17 · answer #10 · answered by ettel_rahc 2 · 0⤊ 0⤋