Is it legal for a Custodial mother to move out of state without the fathers permission?
Ok im not sure if anyone knows but I live in FL and my husband has a little girl who's 8 by another woman, well about a year ago she moved up to OK, and what i was wondering was is it legal for her to do that, he is paying child support and has been for about 7 yrs now i know the child support has nothing to do with it but he doesnt get to see her, until now they came down for a week and its been over a year since he has seen his little girl, her mother is listed as the cusodial parent and he is the non-custodial parent does he have any say in what she does, we need to know what we need to do, we have had her for three days and were suppose to take her back tonight but when we got to where they were staying noone was there(her mother knew what time we were bringing her home) and my husband called and she said to leave her with the neighbor which the little girl doesnt know, and i told him no that she could come and get her from our house, come to find out the mother is out drinking and said she couldnt come and get her..its a messed up situation what can we do if anything???
- JuliLv 51 decade agoFavorite Answer
I agree with Wendy C. .. Usually the parent leaving the state that the divorce was granted in can be held in contempt.
Per a FL Lawyer website:
Florida's New Parental Relocation Statute
Under a new Florida law, strict procedures must be followed in relocation cases. Before moving a child's principal residence address more than 50 miles away, a primary residential parent (custodial parent) must either: obtain the written agreement of all parties entitled to visitation with the child; or file and serve a Notice of Intent to Relocate.
- 1 decade ago
Unless the child custody order specifically says that the custodial parent is not allowed to move, yes, it's okay for them to move.
I would not have left the child with a stranger either, she is safer at your house until her mother is able to take her back. Whether or not the mother was drinking is irrelevant, since she was not with the child at the time.
Read the child custody order and see exactly what it says; most say "reasonable visitation" for the noncustodial parent. If you want regular visits with the child and cannot agree with the mother about what is reasonable, it will be necessary to go to court and ask the judge to decide. Some courts allow people to represent themselves, and even have booklets explaining how the system works. Call the local court and ask. There are also father's rights organizations that can help, and you can find any local ones by searching the internet.
- wendy cLv 71 decade ago
Completely not correct to say that the custodial parent can move anywhere she/he wants.
(1) It DEPENDS on the law in whichever is considered the childs home state.. meaning, normally the court that had the original case.
(2) It also DEPENDS ON exactly what is stated in the custody papers, and very often, moving away/ out of state is contrary to that.. making it contempt of court or violation of custody orders.
In SOME STATES, a parent who leaves the state, without the consent of either/both the other parent and the court, might be guilty of parental abduction, which can be a felony.
Just because dad does not have custody, does not mean he has no rights. He needs to talk to a lawyer, and fast.
- Yak RiderLv 71 decade ago
Does he have a visitation agreement? If he does it's almost certain that she is forbidden to move without his permission or an order by a judge. If there's no custody and visitation agreement there's nothing to stop her from moving, however, he could drag her into court and try to force her to move back or pay the costs of arranging visitation.
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- aiminhigh24u2Lv 61 decade ago
The Family law may vary from state to state but as unfortunate as it, the custodial parent can move at any time, anywhere. This can make things very hard on the non-custodial parent, especially if their job Will not easily transfer. I know of one couple where the Mom was a Nursing Teacher. She was also the custodial parent. They lived in the Mid-Atlantic area but she took a teaching job and took their daughter to Hawaii. The only thing he could do was fly over to visit or fly her back and forth.
- Janet TLv 51 decade ago
No she can't move out of state without his concent. I would call whatever agency you have for children's affairs and report the mother right now. Tell them the situation and that he is the father but doesn't have the custody. Document it all and then take her back to court a.s.a.p. Good luck.
- FRAGINAL, JTMLv 71 decade ago
The father must be informed of any changes in the agreement concerning custody.
- Jim BobLv 71 decade ago
It's legal for her to move but if she takes the kid, the father must be told..
- videsLv 44 years ago
in the journey that your pregnant and not married, your knocked up... in the journey that your 7Teen... your an adolescent... i could hear on your parents as that's sparkling your possibilities to date have not been the stunning ones.