This is a legal question.?

My son is divorced and has a seven year old daughter, who lives with her mom, but spends the vacation time with her dad. My son pays faithfully childsupport and medical expenses. His ex-wife is getting married today and told him last night, that she is planning to move to another state soon. My son lives in Georgia. Is there anything he can do legally? His daughter does not like to move so far away from her dad.

20 Answers

  • 1 decade ago
    Favorite Answer

    this is America, and she is allowed to move. i know if a judge told me i couldnt or he doesnt have to pay support, i would report that judge to all state/federal agencies (as well as appeal it).

    also it depends upon the 'custody' and details of the case. each state is different, but will allow a child to move out of state if the child can fly to her fathers for holidays, school breaks or summers.

    i think those two should be handing it....

  • Anonymous
    1 decade ago

    If there is already a custody order in effect, (either in the divorce or through Family Court), then she can not just move the child out of state, unless it states in the order that she is entitled to do so. Moving without permission would be a violation of the court order, which is a class A misdemeanor.

    What your son needs to do is file an emergency custody enforcement petition in the Family Court where the child resides. If she leaves before he can file then he still should file, but he should request that the judge order "police assistance in the immediate return of the child" (word it just like that).

    He can pick up the petition in the family court office and he can either complete it himself, take it to a lawyer or ask the court clerk if there is an agency that will assist him in completing the form (such as a child advocacy or domestic violence center). Either way, when he files the petition back with Family Court he needs to state that it is an emergency because she has threatened to take the child out of state. He should be seen within 24 hours depending on the court schedule.

    Best of luck to you. If you have additional questions you can phone your local domestic violence agency. They are current on custody and family law and can assist you or refer you to someone who can help your son further.

    Edit: On a side note. It is within her legal right to petition the court to be move the child out of state. She would have to prove to the judge that there is a legitimate reasons, such as a job transfer. The judge would also want to make sure that visitation was not affected. So if the judge did grant her request he would most likely modify visitation so that your son would have visitation during the summer and for all school holidays, and the mother would be responsible for transports. If she is granted her request, there is little (if anything) he can do to stop her from leaving. In any case, he should consult with an attorney.

    Source(s): I am a domestic violence counselor and have assisted many people with the same issue.
  • 1 decade ago

    Not if she already put a petition in for it, If I remember correctly she has to do that 60 days before she moves, other than that if she has FULL custody theres nothing stopping her. I got divorced from my husband and i have full custody and as well I was gonna move back to Michigan but I had to let the court know 60? days before I did it. But if they have joint custody Than I do believe he can some how stop her within good reasoning. Don't quote me on that because I'm not really sure about the joint,I'm going on what my lawyer told me, when I was getting divorced that's why I never went for joint custody. (sorry) Now every state is different though so I could be wrong on all of it, and its been over 9 years too, I live in Oregon Look around on the Internet for some info. something like: your divorce rights, or legal custody maybe something will come up for you? Good Luck sorry divorces can be ugly sometimes. P.s. I did end up staying and not going just because of that,(didn't want my daughter to be without her dad, he is a great daddy) so maybe she just might do the same. sunnydays

  • 1 decade ago

    Supposedly the courts make decisions in the best interest of the children. If the mother is moving because of her job which is needed to help support the child the move may be allowed. If she is moving because she is marrying a guy and he wants to move thats another matter. Your son can petition the court to block the X from taking the child permenently out of state.

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  • 1 decade ago

    Depends on what's included in their original divorce decree. In some cases there's a stipulation that permission needs to be granted by the non custodial parent for the custodial parent to take the child out of state......or for either parent, for that matter.

    Hopefully something to that effect was included in their decree.

    Otherwise, the best suggestion would be to consult with an attny.

    Hopefully an amicable solution can be reached.

  • 1 decade ago

    Depends on what the divorce papers say. That's why you have to pay attention to what you are signing. If he has joint custody, no, she cannot take the child without his consent. If he has no custody, just some sort of "agreement", then he's screwed. Get the divorce papers back out and re-read them....closley. Or call your attorney.

  • 1 decade ago

    Your son can try to get joint custody of the child and that way she and her new husband will be responsible for paying child support half the time. If she does move, she has to meet him at a half way point. Maybe he should get a lawyer quick because it will be much more difficult once they're gone.

  • 1 decade ago

    It depends on the status of "custody" under the divorce degree. If she was awarded "PHYSICAL" custody but she and he both have joint "LEGAL" custody, then he has a say in what state she lives in. If the ex was awarded both full physical and legal custodies, then he really can't do much about it. Have hiom consult an attorney.

  • 1 decade ago

    wow the ex moved on fast. well from my experience your son could try and get custody or you might be able to talk the ex into not moving there isnt alot you can do cuz the leagal system has pretty much screwed dads over

  • 1 decade ago

    All I know is that when my husband's ex wife wanted to move away with their daughter, the judge said that if she does that, he will no longer have to pay child support. If that helps.

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