Moving

Karabellino

New Member
The father of my child will not let me move. He has no custody and the only paper he is on is the birth certificate. He is threatening to take me to court over this. Can I leave the state with my daughter? Does he have the right to stop us?
 
He and the court cannot prevent YOU from moving out of the state; however, the court can certainly keep your daughter in state. Are you willing to find out if Dad's bluffing or not?
 
The father of my child will not let me move. He has no custody and the only paper he is on is the birth certificate. He is threatening to take me to court over this. Can I leave the state with my daughter? Does he have the right to stop us?


The burden of proof is on you to prove your case...

....the relocating parent has a triple burden of proving, by a preponderance of the evidence, that the proposed relocation is for a legitimate purpose, that the proposed location is reasonable in light of such purpose, and that the proposed relocation is in the best interests of the child.

The act also specifies that the court should include in its consideration (1) each parent's reasons for seeking or opposing the relocation; (2) the quality of the relationships between the child and each parent; (3) the impact of the relocation on the quantity and the quality of the child's future contact with the non-relocating parent; (4) the degree to which the relocating parent's and the child's life may be enhanced economically, emotionally and educationally by the relocation; and (5) the feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements.
 
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