Hurt Mom>>>please Help!

[surfhands]

My 5 year old daughter is in custody of her father...(married young,got divorced,never had a lawyer,never signed anything,just a court default...the order says the visitation is at the fathers discretion...which has never been an issue). The way we have been doing things is I have been taking her every Fri-Mon...then randomly during the week. We decided to keep things this way because we had an outstanding friendship. My issue here is that today he told me he is going to move to CA(met a woman online)...with her and that she could stay here with me during Summer and all breaks. I just dont feel okay with that. Can he legally just move like this? Do I have a say in this?

 

[kaybee]

I'm not a lawyer but I'm pretty sure that before he can move your daughter out of state, he must file a petition for relocation with the courts and both parties must agree to the relocation out of state. I know a little about this because years ago I filed that same petition when I wanted a different job in another state. My ex was not agreeable to the move and the courts denied my petition. I hope this helps and good luck to you.

 

[surfhands]

First off thank you...I was just worried because on paper it says that he has custody with my visits at his discretion....?????hmmm????

 

[kaybee]

I also wanted to clarify that is a motion for relocation not a petition. I'm not sure of all the details of your court order but even if the custody visits are at his discretion, I would think that it would still be within the state (the jurisdiction of the court that decided the order) that both of you reside in now. I believe that unless it specifies in the current court order that he is allowed to move out of state at will, if he does take your daughter out of state without going through the courts, he is in violation of the current court order. I know when the court denied my motion, I was given a strict warning by the judge to abide by the court order on file. Also, as long as you are paying child support, you should file a motion for modification of parenting time so that your visits with your daughter are more in your favor instead of just at his discretion, just in case the situation ever becomes slightly hostile. Good luck.

 

[surfhands]

im going to figure it out.child support was left open...so i dont pay support.i do pay medical though.

 

[Duranie]

you need to go to court and file a petition to stop the move. Cusgtody does not mean he can move and he is going to have to prove the move is in the childs best intererst. If I were you, I would be talking to an attorney, or go down to the courts and see if they have a family law fascilitator. You should be able to even file for custody. If Dad is moving solely because of this online woman and there are no family in that state, he is going to have a hard time convincing the courts that it is in the childs best interest.

Good luck