There is nothing my our divorce decree stating I can't move.
2007-12-14 03:27:37 · 34 answers · asked by Secret 1 in Family & Relationships ➔ Marriage & Divorce
What's the custody situation? If it's 50/50 or joint custody, then no you can't move regardless of what your decree states. You'd also have to adjust visitation and child support if you move because obviously if you live in another state, visitation won't be the same. Nor will child support.
I'd be VERY careful about this. Bring your divorce decree to a lawyer and let them check it out before you move. I know if you change your address or the child's address I should say, depending on your decree you have to give at least 30-60 days notice. If not, he can file contempt on you because you broke the rules.
Not that it should matter really but depending on the age of your child, there's no way you can try and stay somewhat close for the sake of your child? I mean, I know life changing things come up and maybe you have no choice but to move, but your child is going to be away from her father and going through the moving changes and adjusting to a new daycare or school (if she's in one). Of course it's your choice and you're most definitely entitled to do as you need, just make sure you do it for the right reasons and not a selfish one...
2007-12-14 03:45:38 · answer #1 · answered by Momto2inFL 6 · 0⤊ 0⤋
It depends on the custody agreement you cannot leave state or live a number of hours away if he has visitation rights or has halk custody of the child. If the child is not his than I do not see him having any rights unless he adopted her as his own. Mainly custody will make the call if you have full custody he cant do nothing you could live in Timbuktu and he couldn't do nothing. You should know what custody arrangement you have so go over it again and if it states anywhere that he has a right to visit or have her for a period of time you have to stay in the state or close proximity to his residence. You can move but he must be made aware of the new address if he has any say and the courts would have to made aware in some cases.
God Bless and Best Wishes.
2007-12-14 03:40:14 · answer #2 · answered by Livinrawguy 7 · 0⤊ 1⤋
Your divorce does not determine whether or not you can. Did you go to family court for child support and visitation? If so it should be stated in that. If there is nothing stated saying you can or can not move out of state (sometimes they even say a certain amount of miles or out of the county) then contact your lawyer to find out why this was not mentioned and if you can legally move with out the fathers consent. You will still be required to allow visitation on all the days set forth in your legal documents. You may even be the one to have to pay transportation fees (air fare, train fare or driving the child).
If you do not get approval to move he can take you to court (which will be where he lives not you) and you can be orderd to move back.
2007-12-14 03:40:43 · answer #3 · answered by Sunshine 4 · 0⤊ 0⤋
Why would you take your daughter away from her biological father? I think that is a selfish choice on your part. Your daughter might want to know and spend time with her father. When I divorced my sons father my family and friends were 2100 miles away from us, I was struggling as a single parent, and if I would have moved back home I would have had families help both financial and a little time to myself, but instead I chose to stay where my son can grow with his dad. It was a very unselfish choice to make, but I did it for their bond. Its 8 yrs later and I am remarried, financially doing great and my son has a great relationship with his dad and his step dad. I made the right decision. You need to rethink what your doing. He would only stop you because he wants a relationship with his daughter. How sad is that? Don't be selfish!!
2007-12-14 03:40:42 · answer #4 · answered by Maria 5 · 3⤊ 0⤋
yes there is there's 2 things if there is a visitation rights which he has every right to and you shouldn't try and stop him from seeing his daughter
Just because things didn't work out between you 2 niether one of you have the right to make the child pay or be the weapon
But yes there are lots of things to do to stop you legally
If there also is a child support thing set up then you can't usually move far away without his consent
i am sorry things didn't work out but don't use the daughter as a weapon
2007-12-14 03:35:03 · answer #5 · answered by rebel_angel031 3 · 4⤊ 0⤋
Depends on where you want to move. But, yup he can. All he has to do is go back to court and get a ruling that you are causing a condition that affects his visitation. Even if you move without telling him he can still make you move back since he was not notified (if you were thinking about doing that).
Best answer is to talk this out with each other if possible. If not, use your lawyers to mediate.
2007-12-14 03:34:45 · answer #6 · answered by callawak2 6 · 2⤊ 0⤋
As a be certain and a instructor, i discover your question offensive. you have no longer any best attempting to take a baby faraway from their be certain, exceptionally only for the reason which you like to pass out of state. in case you may, for some reason, then the visitation transportation could be your duty (and legally could be, reckoning on state). Why shouldn't her father have equivalent custody, equivalent decision-making, equivalent get right of entry to to her records, and so forth. Who cares in case you have been the regular caregiver jointly as he supported the better half and little ones with the help of making funds? you won't have her without him. who're you to take her away like that? i've got considered this this type of wonderful style of circumstances -- it in basic terms hurts the youngster. Then, the youngsters turn around and long for the lost be certain to the element of fixing the custody arrangements as quickly as they're adolescents. take a seem at what you're doing, and why. consistent with possibility the family contributors court docket choose could take a seem at your selfishness and furnish him sole custody.
2016-12-11 04:36:54 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Unless you can show that you HAVE to move for job reasons or something sensable like that, then he can file a petition to keep you put.
It is his legal right to be a father and I question anyone that wouldn't want that for their child.
Make sure moving away is the best thing for her and not just he best thing for you! As a parent you need to try and make the unselfish decision.
2007-12-14 03:33:46 · answer #8 · answered by Gonzo 2 · 4⤊ 0⤋
If you are taking her out of the state,,You Need Permission from him,,,Trust me,,,He can stop you. My ex was taking my girls to another state and she had to clear it with me first. She is still here. Due to the fact that I pay child support and have visitation rights, she would have to bring me the girls from the other state, everytime it was my turn to see them. If you are willing to pay for all the taveling,,then u are free to go.
**If you leave anyways without an agreedment, you will be in court perjury and will be charge with kidnapping.
2007-12-14 03:38:50 · answer #9 · answered by Anonymous · 2⤊ 0⤋
If there is nothing in the decree, you can move, unless he has visitation, then you would partially have to pay for transportation cost for your daughter to visit your ex-husband. Just double-check with your lawyer!!!
2007-12-14 03:31:43 · answer #10 · answered by pikachild2003 3 · 1⤊ 1⤋