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My sons mom want to move 132 m away can i stop her?

I have 50-50 custody of my son. We have lived in the same town his whole life. Now she wrote me a letter saying she is moving away. She lives off child support so she isnt moving for a job. Her whole family lives in our town. I have an emergency court date set up trying to stop her from taking our son. He is used to living in my house and has family here it makes sence for him to stay but what can i do?

13 Answers

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  • 9 years ago
    Favorite Answer

    Whether or not this is legal is probably in the divorce decree - read it. If it's not, you can take her to court and ask that she not be allowed to move.

  • 9 years ago

    Filing for an emergency court date was the correct thing to do.

    In these cases, where the child is already living a great deal of time with you, and his family is in your town so there is a good support system, the Judge will say the mom can move, but not with the kid. Judges are all about stability for children, she wants to move away from everyone and everything the child has known...for no good reason.

    The only time I have ever heard of the reason being acceptable is a great job offer, or if the other parent was barely seeing the kid and it wouldn't impact anything if the custodial parent moved.

    In your case you need to be asking for Primary custody, due to the school issue 50/50 won't cut it if she is living 2.5 hours away. You also need to ask for HER to pay for all transportation costs involved in the custody exchange because it is her choice to move it is on her to pay, this is standard in courts....I'm not telling you to do something sneaky here, it is the normal situation. You should be asking for her to still have joint legal custody, and her to have secondary custody, i.e. be the non residential parent. This will kill all of her child support, unless you make a LOT of money, that is the only time I have heard of the non custodial parent getting child support.

    The Judge is not going to appreciate it if you take a hard line with the mom. For example, if you say you want sole custody no visitation for her....etc. That isn't going to go well. This is a tricky situation, but if she isn't married to someone who is moving, isn't moving for a job, and all her family lives in your town...well the Judge SHOULD see that as unjustly depriving you of consistent meaningful contact with your son...so it shouldn't be allowed. Make sure you have all your ducks in a row, proof of employment, proof of a stable home, bring in pictures of his room at your house to show that he has his own space...etc. And if the child is over 11 the Judge might take their wishes into account and interview the child too.

    Good luck!

  • Kelly
    Lv 7
    9 years ago

    Does she have approval from the court? She likely needs that to move with him. In most custody agreements a parent can't move more than 100 miles away with the child without court consent or the consent of the other parent.

    Since she's not moving for work, or any good reason the court is likely to deny her petition. The court doesn't like to separate a child from either of their children without justification to do so.

    Right now, your emergency injunction is all you can do.

  • ?
    Lv 7
    9 years ago

    I'm sorry you're going through this. Sometimes I forget some dads actually want to have their kids with them all the time. Kudos to you. Definitely not fair.

    Seems like she cannot provide for your child if she is living off the child support you give her. There HAS to be some precedent on this one. How can she support your child? If she ever finds a job, who will take care of your child while she's at work? At least you have family here and a support system. Keep fighting. Your child is better off with you and the stable environment you can provide him.

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  • ?
    Lv 6
    9 years ago

    there is a good chance you can stop her if you have half access to your son, not sure how old son is?

    that makes a difference, if son is going to be uprooted from family and friends and school you could argue that the benefits of child staying with you outweigh going with mother due to the child being kept in a safe and routine environment.

    sense not sence. make sure you watch your spelling on legal papers, and try to get legal help. but you do have a case. do not rubbish the mother just keep discussing that though the mother is important, the son will also miss you the father and there is much more for the child to be uprooted from instead of just you. It is his whole way of life.

    YOu could argue that until the school year ends and the mother finds stable work, and is there for a set period of time and has everything set up for the son.

    Consider if you had son and you wanted to move for work. would you expect son to be with you or with his mother and family and you visit?

    logically and psyhologically it would benefit the child to stay as long as he has as close a relationship with you as he has with his mother.

    skype, telephone, he can face to face talk to his mother and she can still have access but you will also have to consider costs of child travelling.

    just remember do not down mother, focus completely on son and his benefits of staying, no emotional plea from you, but all for the good of the son.

  • 9 years ago

    I don't know where you live, but chances are, no. I know in my cousin's case, his ex was given a choice: she could move with her lover and leave the child with his father or she could remain and maintain physical custody. They stayed. Since she is not supporting herself OR the child, I can't imagine what possible excuse she would have that would justify the move WITH the child.

  • ?
    Lv 6
    9 years ago

    Put all of this in a petition for Family Court and request that if she moves, your son stays with you. Either that, or custody remains the same, and she stays too.

  • Anonymous
    9 years ago

    She has to petition the court for this and get permission first. In the end, its all about who has the most money for the better atty.

    Source(s): Life experiences at 48.
  • ?
    Lv 4
    4 years ago

    i think of it fairly is terrible. even with the shown fact that it occurs with the aid of fact ladies dont understand how undesirable it hurts. females dont have everywhere on the physique that is hit that could desire to create the comparable feeling. in reality, as a woman, the only ingredient i will think of of that could desire to break as undesirable is being penetrated with something it incredibly is plenty too enormous, or childbirth. maximum of those ladies have not experienced the two one. i think of they think of that its in undemanding terms a game, that it fairly doesnt harm that undesirable. On a sociological perspective even with the shown fact that, you will be able to desire to argue that it fairly is woman's way of attempting to combat returned against discrimination in keeping with being woman. On a cultural point, there are nevertheless many those that sense that females are susceptible. it may desire to be stated this could properly be a technique of females letting boys understand that they are susceptible too. i do no longer think of that makes it splendid, so please dont misunderstand what i'm announcing. it incredibly is in simple terms one achievable explanation.

  • Tam
    Lv 6
    9 years ago

    Ask the judge for full custody so u can stop paying her.

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