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Can the primary divorced parent take a child out of state?

My husband has a child from a previous marriage, and the women wants to move out of state with the child. The custody/divorce agreement was settled out of court. We don't want to move to where they are going and don't want her to take the child. Would he be able to do anything about this, even if the courts were not involved to begin with?

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Asked by Anonymous at 3:18 PM on Jul. 6, 2009 in General Parenting

Answers (7)
  • If I was in your shoes...I would pick up the phone and call

    a lawfirm and ask that question,.....

    Your question is too important not to know where you stand legally...

    Answer by Dannee at 3:20 PM on Jul. 6, 2009

  • Most of the time NO. Read your plan. The primary parent usually has to file w/the court and serve your SO with papers to relocated. Your SO then has time to respond and say why he feels they should not be able to. Most of the time, unless it's for some stupid reason, the court will let the other parent move

    Answer by Anonymous at 3:29 PM on Jul. 6, 2009

  • You could probably go to court and try to get an order that prevents her from going. The problem you may run into though, is that if she is moving to provide a better life for her child (better schools, better job, more family support, something like that) she could still be able to go. I would talk to a lawyer and find out what your options are.

    Answer by tropicalmama at 3:31 PM on Jul. 6, 2009

  • I would speak with an attorney. If she financially cannot make it here and is moving to better her life and the childs they judge will probably let her go.

    My ex husband left me and it was a struggle to make it. I went from SAHM to having to find a job in a tight job market. I found a job 1200 miles away and petitioned the court to allow me to move with my kids. My ex fought it but the judge said you need to either pay all her expenses so she can live as she would with the new job or shut He did not want to pay more in child support or alimony so I moved. I hated moving had to leave my family and friends. I just could not find a job that would pay the rent and bills. I have a great job now and my kids actually like where we live much better. They miss their dad but they are with him for the summer right now.

    Answer by Anonymous at 3:44 PM on Jul. 6, 2009

  • That's tough, i would talk to a lawyer, but I honestly don't think there is much you can do about it :-(

    Answer by AMsMommy212 at 3:52 PM on Jul. 6, 2009

  • I would think that as long as she still makes it possible for him to see his child that there's not much you can do. However I would still go to court to get a parenting plan set in stone so that way she can't pull any kind of crap

    Answer by 2murphyboys at 4:24 PM on Jul. 6, 2009

  • Most of the time if the child was born out of state then yes she can move with the child but if the child was born in the state you live in then you can file something to stop it. its weird that they do it that way but in some ways its good. good luck

    Answer by Alie1313 at 5:16 PM on Jul. 6, 2009

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