Can he stop me from moving out of state?

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MaryCD1204

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Hello.

I'm a single mom who lives in Boston, Mass., with a 14-year-old son. I have planned for over a year to move with him to Florida in August and be near my parents and other family, and in order to provide a much safer environment. The child's father, whom I never married, is suddenly (and at the last minute) threatening to block the move. He has previously given me his verbal permission for me to take him to Florida. I've had multiple restraining orders against this man in the past.

We share legal custody, but I have sole physical custody of my son. For the past 2.5 years, the court granted his father supervised visits and supervised phone calls. However, he's shown little effort or interest to see our son, and, in fact, has canceled several visits at the last minute. He has seen him no more than four times this calender year, despite living within 5 miles of my residence.

He is demanding unsupervised visits with our son before we move, or he vows to take legal action to prevent us from moving out of state. He owes our son upwards of $20,000 in child support arrears going back to 1995. Since 2005, my son receives Social Security Disability Insurance from his father, so he's left paying only $7 per month in child support.

I am convinced he is threatening this action out of spite towards me, and not because he cares to see his son. However, I do understand that sounds like a subjective opinion.

I returned from probate court today and filed a modification to the custody agreement. Our court date is scheduled for late next month.

I suppose my ultimate question is: Does this man have legal recourse to stop this move we've planned for some time, especially with fall school enrollment requirements so imminent?

Any help or advice on this matter would be greatly appreciated.

...
Respectfully, "Justin's Mom"
 
He has the legal right to protest and attempt to block this move yes. Unless you can show that the move is in child's best interest you could block it/ No you cant prove it. There are safe areas near Dad I am certain. I am not taking his side just stating facts. You do not have the right to take this child away from the other parent this works both ways. This could be a fight I suggest you talk to your Attorney before doing this
 
He has the legal right to protest and attempt to block this move yes. Unless you can show that the move is in child's best interest you could block it/ No you cant prove it. There are safe areas near Dad I am certain. I am not taking his side just stating facts. You do not have the right to take this child away from the other parent this works both ways. This could be a fight I suggest you talk to your Attorney before doing this

Thank you very much.

If I may, can I ask you to expand a bit more regarding the "child's best interest?" What burden of proof comes into play there?

It's also important to note that my son has special needs, and simple enrollment in public school is not an option at this time. I believe this move is in the child's best interests. He has recently returned home after 4 years of being in residential programs. I will need my family's help and support, as he will be home full time. He demands a great deal of help and assistance.

Also, would my son's stated preference in front of a judge be of any benefit to our cause?

Thank you for your help.
 
Yes he certaijly has the right to protest the move. You have to be able to prove the move is in the childs best interest. Should you be allowed to move, plan on paying for all transportation to visits.
 
have you gotten any info

Hi. I'm going thru the same thing. I live in WV though. I have physical custody but we share big decision making, he has regular visitation, all of the usual stuff. However, I just got married and we want to move to TN. Husband has already moved and gotten us established. Have you gotten any information anywhere else besides here that has helped you??? I get mixed opinions.
 
this is to "the big mare". everyone i spoke with says pretty much the same thing:it has to be in the child's best interest. if you cn show that then the judge mostly likely will say yes. best of luck to you.
 
Remember best interest of child means child not Mom. Mom needs to show this is in "childs" best interest. Moving in with a BF does not meet this. Also moving to "safer" neighborhood does not meet either as there are often "safer" neighborhoods that are not far from other parent
 
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