2007-11-19 05:35:15 · 10 answers · asked by michael p 1 in Family & Relationships ➔ Marriage & Divorce
If she has sole custody -yes she can. Why don't you petition for joint custody-then you might have a say in the moving away .
2007-11-19 05:38:49 · answer #1 · answered by Lunaeclipz 5 · 0⤊ 0⤋
She probably can, but you can do something about it. You can have a restriction put on her so that she cannot move your daughter very far away. My sister is required to stay within a 3 county area until her children are grown unless she can show good cause for moving. Please first take into consideration whether or not you are truly a positive and consistent influence on your child. Also consider the mother's ability to earn money and her emotional support system. If she needs to move to make a decent living or all of her emotional support is in another area, it may be in your daughter's best interest for them to move. Since the ex-wife has sole custody, her well-being is linked to her daughter's well-being. If she has a decent job and family/friends where she's at and is just threatening you out of spite, you may want to consider asking the judge for restrictions.
2007-11-19 05:46:55 · answer #2 · answered by The Naughty Librarian 5 · 0⤊ 0⤋
Well that depends on the arrangements of the court and the state. If she has sole custody then quite probably she can, again it depends on the state.
You might want to speak to a lawyer to see what your options are.
But the reality is once you are divorced you can not limit each others' life, including if one of you chooses to move out of state. (The very real down side to divorce with children.)
You said threaten, maybe she is just trying to get you to do something, i.e. pay me more or I'll move????
Obviously you divorced for a reason (whoever's idea it was) so try and stay calm and don't play "games" -whether she starts them or not. The best thing is to stay "professional", let the lawyers do the important stuff and don't let this kind of thing influence what you do and say around your daughter.
My dad had this happen to him with my older siblings. (He was married way too many times- like 6.)
He filed a petition to stop the majority of his payments since she was taking the kids 1,900 miles away. His lawyer timed it in such a way that she would be in the middle of "settling in" to her new home when the court date would be so he "won" because she couldn't be there. (Yeah He was a grade A #1 "Adam Henry".) But when you're paying alimony for 5 previous marriages, I guess you get that way.
2007-11-19 05:52:39 · answer #3 · answered by Danie S 2 · 0⤊ 0⤋
She has sole custody...does this mean sole physical custody, or sole legal custody? Do you get visitation? If you do get visitation and have joint legal custody you have a say in whether or not she moves far away. If you do not have any parental rights at all, then unfortunately your wife can do whatever she wants. Contact an attorney with this question for clarification on the laws in your state.
2007-11-19 05:38:51 · answer #4 · answered by Marina 7 · 0⤊ 0⤋
there is not any such order which will save his ex, who has sole custody, from leaving the state. the only element a decide will furnish is a changed order. Ex has a incredible to pursue happiness, regardless the place this new discovered happiness is residing. If mom and pa are civil to one yet another, optimistically they might artwork out an settlement for visitation.
2016-09-29 12:49:00 · answer #5 · answered by ? 4 · 0⤊ 0⤋
she has sole physical visitation. not sole legal. and if you have visitation rights, then it will make her harder to leave.
take a look at your Order After Hearing. does it say neither parent can leave the state with the children without the other parent's written consent? if it does, she can't move.
if it doesn't clarify....then you are out of luck. however....if it makes it impossible for your to keep up the visitation you do have...then you need to take her to court for withholding visitaion. and got to court and have the order modified now. this way it is clear to the judge and to her that she cannot leave without your express permission.
2007-11-19 05:46:16 · answer #6 · answered by Isabella S 4 · 0⤊ 0⤋
Yes, she could and she may. Even if you both had shared custody with her having physical custody she may be able to but I would check with a lawyer.
2007-11-19 05:46:59 · answer #7 · answered by butteranchent 1 · 0⤊ 0⤋
Yes, she has sole custody.
2007-11-19 05:42:00 · answer #8 · answered by harold 4 · 0⤊ 0⤋
yes if she has full custody there is nothing u can do to stop her from moving
2007-11-19 05:41:24 · answer #9 · answered by gail w 1 · 0⤊ 0⤋
You need to hire an attorney and fast. Then you need to begin to take care of your responsibilities.
Good luck.
2007-11-19 05:45:32 · answer #10 · answered by box of rain 7 · 0⤊ 0⤋