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Moving with Joint Custody?

Posted by on Jul. 9, 2013 at 9:54 PM
  • 13 Replies

Hey Moms!

I need some advice and wisdom if anyone has ever been in this situation or similar. 

My family owns a winery about 4 hours away from where I and my sons father lives now. We share joint custody. My fiance, after he gets out the Marines in about 2years, was offered a job to take over my uncles place when he retire in 2-3years. I was offered to work for my family as well. My whole family lives on my family's farm and in the area. There is great schools in the area and lots of family and family friend support. The father of my son right now lives 1 hour and 15mins away now and his whole family lives 4 hours away as well only a 1 hour and 45mins away from my family where I would like to move. But he is saying he doesn't want to move. His job is remote and based out of Aziona. 

If I took this to court would I have a strong case? What steps do I need to take? What information do I need to get together? Any advice or suggestion you can give would be great and very much apperciated!


Thanks yall for the help!!

by on Jul. 9, 2013 at 9:54 PM
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Replies (1-10):
victoriangavin
by on Jul. 9, 2013 at 10:22 PM
I would think since it's only a four hour move and it's for the better there would be no issue
Oliviasmom72
by Bronze Member on Jul. 9, 2013 at 11:33 PM

Well the Dad has rights and you have joint custody, you are going to have to get his permission to move. What does your custody agreement say? You are going to have to prove its in the kids best interest. Anything regarding your fiancee is probably not in the kids best interest you would have to show its for the kids, extended family, etc.. Impossible to tell what the courts will do. If Dad disputes it you have to go to court. the state the order is out of has jurisdiction,. start there. When are you wanting to move, in 2-3 years or now?

LifeCafe42
by Nora on Jul. 9, 2013 at 11:36 PM
If you plan on moving in a few years get started now it may take awhile
Posted on CafeMom Mobile
Jennyanne322
by Bronze Member on Jul. 9, 2013 at 11:40 PM
Most cases have a 50 miles rule. I have full legal custody of my son and still can't move more then 50 miles unless he approves it.
cjsmom1
by Gold Member on Jul. 9, 2013 at 11:45 PM

If he won't agree to the move then you'll have to go to court and explain to a judge why you want to move and hope he'll grant it.

momarose17
by on Jul. 10, 2013 at 9:43 PM

I'm planning to move in 2-3 years. So if the dad says no I can take him back to court and prove to the court that it is my sons best interest?

Oliviasmom72
by Bronze Member on Jul. 10, 2013 at 10:39 PM

Once you are married you can take him to court but what is in the kids best interest is a matter of debate. You will argue one thing and dad will argue another (such as the kids current status quo), A judge then decides. You ay have to hire an attorney and it can be a costly legal battle.


Quoting momarose17:

I'm planning to move in 2-3 years. So if the dad says no I can take him back to court and prove to the court that it is my sons best interest?


 

NOLAmommaKRYS
by on Jul. 10, 2013 at 11:00 PM
My custody papers say I can't move more than 75 miles from my home now.

But I think you'd have a strong case. Try to be lenient and maybe offer to drive your child back and forth for visitation so it doesn't affect the father.
faerie75
by Ruby Member on Jul. 11, 2013 at 6:18 PM

 yup. a friend of mine married a military guy and was pregnant from him and had three kids from her ex husband. she petitioned to move from state of va to dc and they told her no. she had to stay there or leave the kids w their dad. she stayed. later her husband moved w her.

Quoting Oliviasmom72:

Once you are married you can take him to court but what is in the kids best interest is a matter of debate. You will argue one thing and dad will argue another (such as the kids current status quo), A judge then decides. You ay have to hire an attorney and it can be a costly legal battle.

 

Quoting momarose17:

I'm planning to move in 2-3 years. So if the dad says no I can take him back to court and prove to the court that it is my sons best interest?

 

 

 

 
        
         

krisnkids
by Gold Member on Jul. 11, 2013 at 7:13 PM

Having joint custody you are in for an uphill battle. Dad is involved in the child's life, it is not right to take the child away from an involved dad. 

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