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    NansterLL's Avatar
    NansterLL Posts: 1, Reputation: 1
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    #1

    Jul 28, 2009, 08:18 PM
    Can unmarrried mom leave the state?
    My boyfriend has a daughter that he supports financially (over 50%) and sees every other weekend and also one evening during the week. She has told him that she intends to move from Washington State where we all currently reside to Arizona where she plans to marry. She has stated that she will be leaving within the month but will not give him a firm date. Nothing has been given to him in writing regarding her intentions. Unfortunately neither of us has the money for an attorney to determine if this is legal. She has a history of pulling some pretty dirty deeds with their custody/parenting plan and she is the custodial parent. My boyfriend has been perfect with his child support but there is a history of some ugly doings on her part and she scares the daylights out of him. He maintains an apartment for the weekends that he has visitation but the majority of the time he lives with me. This woman hates me and refuses to let their daughter be here with me. She actually accused me of abusing their daughter but I was never charged after passing a lie detector test. I know... very Jerry Springer. I fear that she may be doing something behind the scenes with the courts without his knowledge. Does anyone know what this poor guys legal rights might be? I fully am ready to see her go, but my sweetie will be devastated without the ability to see his daughter on a regular basis. Thank you for any advice you might be able to offer.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jul 29, 2009, 04:23 AM

    If he has court ordered visitation, it is a violation of that court order for her to leave (change the visitation schedule). If she chooses to leave, she will violate the court order, be cited for contempt and possibly lose custody if that is what your boyfriend chooses.

    As to what he does with the child while he has his visitation, that is up to him, so you can see the child as he sees fit, regardless of what she thinks/wants.

    He does not need a lawyer for this. He should go into court immediately and inform them of her plans.

    She cannot do anything with the court without him being notified unless she is committing a felony (perjury)

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