Custodial parent wants to move out of state, can we prevent her?
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Custodial parent wants to move out of state, can we prevent her?
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Never married, no custody order just pay child support. My 13 year old son comes over every other weekend and holidays and when he calls me to pick him up. Now she wants to move out of the state (florida to georgia. Can I legally prevent her from going with the child?
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april
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If there is no custody orders in place she is free to take your son where ever she wishes, except out of the country.
You can apply to the courts for a custodial order but it will need to be done before she relocates, you then will need to show a court that it will be in your son best interest that he not relocate to another state, his mother will need to explain how it will be beneficial for her and her son to relocate eg a new job etc.
It is a lot easier on the child if both you and his mother are not able to agree about the relocating, as if it needs to go to court it can be costly as well as more times than not people start to say or do very revengeful things. |
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troubled thoughts
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Yes you can but you have to file with the court right now |
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K
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Yes go to the courthouse and explain the situation-do it 1st thing monday morning and go with receipts |
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gufbal
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yes and no. if you don't have a custody agreement, or a visitation arrangement through the courts then you probably don't have a leg to stand on. but if your paying child support then you should have visitation already dealt with. Normally she has to give you so many days or weeks notice that she is moving, and if you have a problem with it you have to go back to court and explain to the judge why its a bad idea. It will have a lot more to do with the welfare of the child then what either of the parents want. If she is moving to provide a better home and living situation for the child, your going to have a tough fight. If she is moving on a whim, then the court can stop her, until a new visitation and custody agreement is made, pr until either one of you can come up with a better plan. In a situation like this, you need to contact your attorney or hire one that specializes in custody cases. |
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