Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Can I move out of the county with my son (https://www.askmehelpdesk.com/showthread.php?t=460346)

  • Mar 25, 2010, 01:41 PM
    blackie12
    Can I move out of the county with my son
    I'm wanting to end my relation with my boyfriend. We have a 4 year old son together and want to know if it's OK to move out of the county which is 5 hrs. away from where we live. He is a good dad but just treats me like crap and ignores me for days sometimes weeks. Do I have to set up the courts where I live now or can I do it where I'm going to move? Can he call the cops on me if I just left with my son?
  • Mar 25, 2010, 02:12 PM
    AK lawyer

    Are you in the U.S. now? Where would you move to?

    Quote:

    Originally Posted by blackie12 View Post
    ... Can he call the cops on me if I just left with my son?

    What could the cops do? Chase you into a foreign country?
  • Mar 25, 2010, 05:48 PM
    twinkiedooter

    Are there any sort of custody orders in place regarding your son at the present time? Is he paying child support? Are you living with him (bf) at present?

    If there are no custody orders in place he cannot stop you from moving elsewhere. Nor can he call the cops. The only time he could legally stop you would be if there is some sort of custody orders and visitation in place where it would impede him from visiting his son.

    Once you are in the other county you can set up the child support and visitation orders there.
  • Mar 25, 2010, 06:07 PM
    cdad

    What country are you currently in ?
  • Mar 25, 2010, 07:00 PM
    blackie12
    WA State
  • Mar 25, 2010, 07:03 PM
    blackie12
    Quote:

    Originally Posted by twinkiedooter View Post
    Are there any sort of custody orders in place regarding your son at the present time? Is he paying child support? Are you living with him (bf) at present?

    If there are no custody orders in place he cannot stop you from moving elsewhere. Nor can he call the cops. The only time he could legally stop you would be if there is some sort of custody orders and visitation in place where it would impede him from visiting his son.

    Once you are in the other county you can set up the child support and visitation orders there.

    There is no custody order and we are both on my sons birth certificate.
  • Mar 26, 2010, 12:51 PM
    cdad

    To start with your going to need his permission to leave the country with the child. Another thing is that if you leave and don't return he could file in the courts and force the child to be returned at which point you either move back or surrender the child. If you disobey any of the court orders then your guilty of kidnapping. And yes you will be put in prison.
  • Mar 26, 2010, 02:23 PM
    blackie12

    I don't want to leave the country. I just want to move to a different county in the same state.
  • Mar 26, 2010, 02:31 PM
    cdad

    If the move is far enough away that it would impede on his visitation rights the same applies. Its best to get everything settled with the courts before planning any kind of move. Even to another county.
  • Mar 26, 2010, 03:43 PM
    AK lawyer
    Quote:

    Originally Posted by blackie12 View Post
    I don't want to leave the country. I just want to move to a different county in the same state.

    Oh. Sorry. I misread it as country.

    I disagree with those who say that you must get permission from the courts. As I understand it, there is no custody order now in place. But it in the interest of all three of you to negotiate a custody, visitation, and child support arrangement the parents can agree upon (if possible) and then get the court to order it.
  • Mar 26, 2010, 03:44 PM
    squibnic

    It seems to me that if you only intend to move a few hours away, (in the same state), and if your BF has a car, you would not be impeding his visitation at all, I certainly think that you would be in the clear, I'd check with a family law attorney to be sure, but my divorce papers only mention leaving the state. If there are no custody orders in place, I think you can move anywhere you like. If you BF has a problem with that , then the courts may become involved and then whatever they rule is how it has to be.

  • All times are GMT -7. The time now is 07:56 PM.