moving with child

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undone

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I am thinking about moving to a different state with my son so I can be closer to old friends. My wife does not want me to move because she wants to be able to still see her son regularly.

Can she prevent me from moving or require that my son stays with her? What does the law say and how would this play out in court if it went to court?? We have joint legal custody but I am the custodial parent.
 
Mom absolutely can stop the move. You do not have the right to move the child wherever you want and you have to prove the move is in the child's best interest. If you are moving just to be near friends, that sounds like it is in more of your best interest, not the child's. With joint custody you will have a very tough time moving if you cannot get mom to agree. No way should she agree to that. Plan on giving her custody if you move.
 
Thank you for the quick reply!! I understand that may not seem like a good reason to move, but its also about a job. I have a job currently and there are plenty of jobs in my area, but one of my old friends says they have an open position for me. He is in charge of hiring so its basically an offer. And its a much better job than I have now, though still not as good as my wife's. Does that change the outcome? And how did you determine your answer? Is there a law that says I can't move? I'm just curious since your post says you're not an attorney and your not offering advice, which is confusing.
 
It depends what your court order says, and if it's silent on the matter, you go by your state rules. Most states require you to file notice with the court within X days of your intended move. Some say you need to notify the NCP in writing within X days. Maybe both the NCP and court.

She absolutely has the right to object, in court, to the move. How would you feel if your time with the child was being drastically reduced? Are you divorced yet?
 
I put that on my signature as a disclaimer so that people know I am not an attorney. It does not mean I do not know anything about family law. You just cannot get up and relocate with the child. What if your ex wanted to move with the child? Your ex has a good argument to keep the child where she is due to extended family,school, friends, etc. Also the fact she has joint legal means she has some power in decisions made for the child. It is not necessary that you move. The courts are going to determine if it is in the child's best interest. Since you both are employed and there is family in the area, the court is likely not going to want to uproot the child. See an attorney but your chances are not good. If custodial parents were just allowed to get up and move anywhere our court system would be a mess and relationships with children would be broken.
 
Those are two very different answers between just filing a notice and saying she can absolutely stop it. Is it as easy as filing a notice? Is there a clearcut answer based in the law? Our decree doesn't say anything about it, jst that we have joint legal custody and i'm the CP. I think state law says anything over 150 miles? needs to be done in court, but i don't know how they determine why i can or can't move? I'm not trying to punish my ex, i just believe the move is better for me and my son.
 
The only clearcut answer is, you just cannot get up and move. You have to file a notice with the courts and mom can respond. This is when mom files for custody. Her filing for custody is probably what is going to happen. There is no clear cut answer for you because we do not know what a judge will think, but a court is NOT going to likely allow you to move if mom disagrees. You will force her to have less visitation with the kids and with her having joint legal, she likely gets custody if you move. What state are you in? In order for a court to award you the move, you have to without a doubt prove it is in the child best interest. Your reason for moving is wishy washy at best.
 
I had the same question when I moved with my daughter. I moved to WI from IL to get married and live there. I was told that the other parent does have rights but there is a kidnapping law in some states. I was told that I could move and take my daughter with me but to keep her father updated with my address and phone number to avoid that law. The other parent can take it to court though. But look into the laws in your state to make sure if there is a kidnapping law there. Good luck.
 
Spencer22, did you have joint custody with your ex? Did he fight the move in court? If he did, why did the court determine it was ok for you to move? I would never move without telling my ex or filing the paperwork or whatever so i don't think the kidnapping thing would apply. I'm just trying to figure out how the courts determine if its ok for me to move if my ex doesn't want me to.
 
undone said:
Spencer22, did you have joint custody with your ex? Did he fight the move in court? If he did, why did the court determine it was ok for you to move? I would never move without telling my ex or filing the paperwork or whatever so i don't think the kidnapping thing would apply. I'm just trying to figure out how the courts determine if its ok for me to move if my ex doesn't want me to.
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You file your motion to relocate with the courts and give notice to your ex. When you both go to court you must show the court that it is in your CHILD'S BEST INTEREST to move away from his mother, school, extended family, friends, doctors, dentist and community. Not why the move will benefit YOU. But why it is in the child's best interest. If you are allowed to move the child, you likely will be providing for most, if not all, the transportation for the child to visit with his mother.
 
Undone you have been told that you must prove the move is in the child's best interest. Since mom and extended family are in the area, and she has joint custody and you already have a job, and you are moving for friends and not family, your case is not good. All we can tell you to do is file a motion in court and you and mom can battle it out. Your case though is weak. Nobody can predict what a court will do but my best guess is they will say no and grant mom custody if you insist on moving.
 
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