My husband ex said that she will be moving with their child to another state is there any thing he can do?

my husband filed for visitation of his daughter pro se, and her mother was served the papers to be in court because she was not allowing him to see her at all for at least 8 months now because we got married and had our own baby, after she received the paper work she text him and said that she will be moving to Denver with the little girl to make it harder for him to see her again, we went to DSS about it and they said that there was nothing that they can do if she leaves she leaves. my husband has paid c/s and has not missed a payment. they were never married and they never been to court for custody on the child (south carolina)

joe_fleeman

Talk to a lawyer.D.S.S. is about as useful to helping children and decent men as a flyswatter is to warding of a rabid grizzly.
A lawyer will put her through the wringer and you can file suit against D.S.S. for not enforcing the state laws about her moving without his consent first.

Lela A

one must file in court to access your visitation rights by filing a motion to allow you to see your child if the other parents decides to move to another state..things are settle in court before the judge..the father could file for full custody

taljalea

You answered your question....he needs to establish custody..then he can even stop her leaving the state...

His mommy

If there's nothing in writing, there's nothing anyone can go by. Once the papers are filed, it shouldn't take that long to get a court date. However, she may still be able to move, he can't ever stop her from moving but may be able to delay it until custody is established. He can get some kind of visitation in writing that she will be obligated to stick to. Maybe a couple weeks a year at best if she's a cross the country.

KEEP THE TEXT. He may be able to use it in court!

Z Z

You really need to consult with an attorney. Some of them will offer a free consultation. Call around until you find one that practices in Child custody cases/family law. They were never married nor was there a custody/visitation agreement. Something needs to be established. If she's moving to Colorado from South Carolina I would try to get visitation for all summer and Major Holidays alternately. In addition, I'd request that she have to pay 1/2 of travel expenses for the child to go back for visits with her dad.
He really needs to stand his ground and not let his ex get away with interfering in his relationship with his daughter. Attorneys are expensive but they get the job done. And if you are paying for one chances are she will have to as well;-)

Best of luck!

Queen of Beer

If he has a formal custody order, she can not leave the state. If he doesn't have any sort of custody order, he is screwed. If that is the case, he needs to go to the courthouse - tomorrow - and file an emergency custody order.

Red

Call your lawyer, there is lots you can do. Varies by state.

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