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    sweden23's Avatar
    sweden23 Posts: 2, Reputation: 1
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    #1

    Aug 19, 2007, 11:44 AM
    Legal & Custodial Parent Moving out of Country
    My 16 year old son lives with his mom and step-father in Louisiana. She has both legal and physical custody. The decree says I have visitation every other weekend, and alternate holiday, standard stuff. I have always used my visitation each summer since I live in California. My ex has decided to move to Australia on November 3rd. She has still not formally informed me of this decision. I've only found out from my son. The dilemma is two-fold. First, obviously I don't want to allow her to move. It would remove my son from the rest of his family in Louisiana, including his sister, aunts, uncles and grandparent. It would also make it practically impossible for us to continue to have our summer "visitation", and even talking on the phone would be come difficult. Secondly, my son does not want to go. This is the first time he's been in one place long enough to want to finish school with friends. He could easily continue to live where he's at with other family members. I would support this to allow him to continue in a familiar environment. I would also support him coming to California to live with me. What rights do I have, and what rights does he have?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #2

    Aug 19, 2007, 11:56 AM
    You can file a motion to stop her from taking the child out of the county.
    I would advise getting an attorney as soon as possible.
    sweden23's Avatar
    sweden23 Posts: 2, Reputation: 1
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    #3

    Aug 20, 2007, 04:24 PM
    Quote Originally Posted by sweden23
    My 16 year old son lives with his mom and step-father in Louisiana. She has both legal and physical custody. The decree says I have visitation every other weekend, and alternate holiday, standard stuff. I have always used my visitation each summer since I live in California. My ex has decided to move to Australia on November 3rd. She has still not formally informed me of this decision. I've only found out from my son. The dilemma is two-fold. First, obviously I don't want to allow her to move. It would remove my son from the rest of his family in Louisiana, including his sister, aunts, uncles and grandparent. It would also make it practically impossible for us to continue to have our summer "visitation", and even talking on the phone would be come difficult. Secondly, my son does not want to go. This is the first time he's been in one place long enough to want to finish school with friends. He could easily continue to live where he's at with other family members. I would support this to allow him to continue in a familiar environment. I would also support him coming to California to live with me. What rights do I have, and what rights does he have?
    Does anyone else have any information for me?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #4

    Aug 20, 2007, 05:20 PM
    I am sorry but basically this is the only real answer you get, there is only one way to stop her and that is with a court order to order her not to move, or get a court order for a change in custody. Either way you need an attorney to file these. Now the real issue is, if you get a court order to block her from moving and she does anyway, and she is in Australia, I doubt the courts here will do anything. This is why you need to do something now, and get an attorney.

    Once she is out of the county, there is nothing you can basically do.
    GoldieMae's Avatar
    GoldieMae Posts: 263, Reputation: 89
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    #5

    Aug 20, 2007, 05:42 PM
    I second Fr Chuck. Your only option is through the courts. You need to file a petition as soon as possible.

    I know nobody likes to hear they need to hire a lawyer, but in this case, I wouldn't go it alone.

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