Stepparent visitation order prevent out of state move?

[missmak87]

My daughter is five yrs old and her father just got deported a couple months ago. I doubt he will be able to return to the US. We shared custody and he had primary residential. When he got deported I immediately filed for sole custody. I decided I wanted to move to Florida to be close to my sister, since the only reason I stayed in Kansas was because my daughter's father was here. I thought I was free to move, but now my ex's wife filed a motion to intervene to assert stepmother rights. She got a temporary visitation order granting visitation every other weekend. Now, will this keep me from moving out of state? Will she be able to object my move or get a lengthy long distance visitation? What steps do I need to take or do I need to take any? Can I just move? I have asked my attorney these questions and he says he needs to review some cases. I need some advice from someone with experience with cases like this. Thank you, all input is appreciated!

 

[irish223]

Does your ex and his wife have children? If so, then visitation may be granted so that the siblings' relationship can be maintained. Otherwise, it's surprising to me that the stepmother alone can prevent the move or get visitation.

You should not move while the case is pending. It could be detrimental to your case, especially since she already has a temporary order for visitation. Also, do you really want to travel back and forth from Kansas to Florida to attend hearings?

Your lawyer seems to be working on this, so I suggest that you wait while he does his research.

 

[missmak87]

Yes they have one child, but my daughter and her half sister regularly visit their grandparents and they have maintained contact there with grandparents. In what ways could it be detrimental? Could they take custody away from me? I don't mind traveling, but would I really need to attend any hearings if my attorney goes to court and tells them I've moved? Once I establish residency in FL, then FL would have jurisdiction, right?

 

[Duranie]

If the step-mom got visitation then you cannot move. It is still possible the courts can block you moving, depending what siblings and other family is in your current state. You'll need to petition the courts to allow a move if there is a court order with step-mom.