I have a 3 year old daughter and am separated from her father. The divorce will be final in January and am currently engaged to my childhood sweetheart who happens to be in the army. The wedding is planned for next May and he is stationed in Kentucky. I now live in NC, so its about a 10hour drive. Once married, I would like to move to Kentucky with my new husband. He loves my little girl and would like to eventually adopt her. Her real father doesn't see her but maybe once every month or two and is apparently into drugs, but I can't prove that. He would much rather party than spend time with his daughter. What do I do? Can I take her to Kentucky? I know that she would be much better off there and I wouldn't actually work, I would just stay at home with her. What can her father do to prevent me from moving?
2007-08-23 07:42:49 · 25 answers · asked by Little Miss Sunshine 1 in Politics & Government ➔ Law & Ethics
Well of course the Father can prevent his child from moving to another state.
If he is truly a bad Father as you say, he may be willing to allow it in exchange for something like reduced or eliminated child support.
You can't really do anything without his permission, so I would very gently and tactfully bring up the subject and ask him if he's open to discussing it.
If he is, then I would have your lawyer draw up the agreement and get him to sign it. If he's not, then he probably won't be open to your new hubby adopting his child either.
At that time, you'll either have to accept him as he is, or fight to have him declared an unfit parent.
Be careful doing anything against him that could later drive your daughter away. She's not old enough yet to understand he may not be a good parent and all she will see if her Mother trying to keep her and her Father apart.
2007-08-23 07:50:14 · answer #1 · answered by whiskeyman510 7 · 0⤊ 0⤋
I would suggest contacting an attorney in your area. The answer to the question is a bit complex. Basically, in the absence of a child custody order, you and dad have equal rights to time with your son. If you move out of state and dad does not attempt to stop you, then obviously there will be no issue. If dad tries to prevent the move, the child may be brought back to NC as NC will be the proper venue for an initial custody determination until the child has resided in another state for six months (exceptions apply here).
I would suggest reviewing the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) for additional jurisdictional info. I also recently wrote a a blog on the topic of moving out of state with a child, which I have listed in the source links below. Hope this helps.
2015-09-14 11:25:32 · answer #2 · answered by Bill 2 · 0⤊ 0⤋
It depends on the custodial arrangement you have. If you have joint custody it will be a problem, because he has just as much right to the child as you do. If he puts up a fight and can show that the move will irreparably damage the father daughter relationship there may be issue. However, if he does not care, talk to him about it first and see if you can work it out between the two of you. Otherwise you could be in for a fight.
2007-08-23 08:00:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your divorce decree will spell out exactly where you can and can't move with your daughter. Therefore, you need a good attorney that can get your desires in the divorce decree. If your husband has a good lawyer, he can get the judge to restrict your moving your child. Even if you do move, you will likely have to fly your daughter to her father for a month every summer. Even if you can prove that the father uses drugs, the court will most likely not stop the father from standard visitation. Sorry!
2007-08-23 07:50:06 · answer #4 · answered by lambchops5151 3 · 1⤊ 0⤋
Many of your questions are dependant on who has primary custody. If you are the primary custodial parent, then you may move your child. However, there are certain rules about notification and court filings that may be required. If you & your husband have joint custody of your child, you may not be able to relocate without his permission. Your best bet is to consult your attorney.
Also, I would like to caution you about being engaged to a man when you are still married. This sends a very bad message to your daughter -- yes, even a 3-year old can figure out that Mommy has a boyfriend and she's still married to Daddy. Surely you can wait until after the divorce is finalized to begin dating again! And please keep in mind, that in some states, your husband can use your "affair" against you in custody battles!
2007-08-23 07:49:46 · answer #5 · answered by kja63 7 · 2⤊ 0⤋
If the court has ordered a custody agreement between you and the child's father, you must abide by that which will include where you can and cannot take her without papa's permission. If there is no such thing as of yet, you need to write the dad a letter and send it certified mail (proof for you) that you must relocate to Kentucky and give him your new address and phone number. You can take your child anywhere you want without a court order prohibiting you but your intentions must look good if this were to come up in front of a judge later-which it will.
2007-08-23 07:49:06 · answer #6 · answered by colley411 4 · 0⤊ 0⤋
So long as you do not have any provisions in your divorce which states that you must reside in NC. If you do not have a custody order you can take her anywhere....then file for custody in Kentucky....
Your new husband will not be able to adopt your child without your daughters biological father terminating his rights....which means that you cannot collect child support for her and you are hoping the new guy will adopt her....
2007-08-23 07:50:23 · answer #7 · answered by Greenie 4 · 1⤊ 0⤋
well if the father agrees after the divorce is final he can sign away his parental rights.that means no more child support ever from him and he has no rights to visitation or custody of this child ever again.if your soon to be husband wishes to adopt her he will then be responsible for her forever,meaning if you two were to divorce later on he would be responsible for the child's support,medical care etc. as though he were really her father.you can not leave the state without informing him about it and also the friend of the court.explain to the court why you are moving this probably will not be a problem.but make sure first.good luck.
2007-08-23 07:56:20 · answer #8 · answered by dixie58 7 · 0⤊ 0⤋
Since you aren't divorced yet - you need to petition the court to move once the divorce is final. You have no other option since the divorce is already in process.
If your ex refuses to allow it, you will probably be made to stay in NC. He may not be the most committed father, but he has a right as her father to have her close for when he does choose to be an active parent. All he has to do is tell the court no...he can even say you can move, but he gets the child.
As far as adoption, again, you will have to petition the court once you are remarried to terminate the bio-father's rights - if he says no, there is nothing you can do about it.
2007-08-23 07:50:45 · answer #9 · answered by allrightythen 7 · 1⤊ 1⤋
The only thing that would prevent you from moving to another state would be if your ex-husband and the child's father has legal visiting rights and "co-custody" (i.e. - having your daughter live with him on weekends) as determined by a court. Then, you would have to file with the court to make a determination of your case.
Unless you have sole-custody, if you were to move without appearing before the court, your ex could file charges against you with the possibility of obtaining custody of your daughter. If he were so inclined.
2007-08-23 07:55:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋