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Rautumn · Feb 8, 2012, 10:05 PM

I share custody with my 4 year old son but I am planing to move to TX his father fights me n everything. All though the father doesn't take care of my son. What can I do to move thing a long? Can I just move? Can NY state keep me here?

Fr_Chuck · Feb 8, 2012, 10:27 PM

They can not keep YOU there, but they can stop you from taking your child. Since you share custdoy which means the father has visit rights or more, You will have to get his permission or at least the permission of the judge. If you move without it, they can force you to move the child back.

AK lawyer · Feb 8, 2012, 10:37 PM

Is there a court order giving the child's father visitation rights? If so, how do you expect to move without curtailing that court-ordered visitation?

Where, by-the-way, are you moving from?

ScottGem · Feb 9, 2012, 04:40 AM

NY State can't keep you there, but the father can by asking NY state to enforce his rights. If you move without court permission, the child can be ordered back and the father awarded custody.

So, if you want to move you need to go to court for a modification of the custody order. If you can prove the father doesn't exercise his rights, the court may allow the move.

Rautumn · Feb 9, 2012, 08:48 AM

I live in Watertown NY father don't do anything for him it's the Grandparents that's taking care of him father don't work or even a room for his son. I have had dss there but they say its fine.?

ScottGem · Feb 9, 2012, 09:34 AM

The grandparents may be the driving force behind him, but the law says that he has custody so you have to deal with that legal fact. The grandparents may push him to fight your moving. Or they may try to exercise their own grandparent rights.

smoothy · Feb 9, 2012, 09:56 AM

I'll back up what the others have said... I once dated a girl that tried to move to MD with her kids from NY, and the ex, put a kibosh on that as she would have lost custody.

Rautumn · Feb 9, 2012, 02:46 PM

What things do I need to know or have to help them pick? Like a house I know but what about a job and school and all that? I have it all lined up but can't go till I get the right?

ScottGem · Feb 9, 2012, 04:09 PM

It will certainly help if you can show the court that you have a job etc. all set in TX.

Rautumn · Feb 9, 2012, 09:51 PM

I do but with me not being there is making it hard to hold that's where I am missing something they want me to work but I can't get anywhere if I am being held here so I don't loss my son. Could I get a temporary statement or something a long though lines so I don't loss my job ?

Rautumn · Feb 9, 2012, 09:55 PM

Could they do that and then just do it over the phone till they can come up with something ? I mean I just don't want to loss what I got going there and its all to better myself and my family ?

ScottGem · Feb 10, 2012, 04:16 AM

You originally posted this early yesterday morning. By 7AM you received three good answers. So did you try finding a lawyer yesterday? Did you go to the court to file for permission to move?

If not, why not?

You are saying they won't hold the job for you much longer, then why haven't you taken action. As soon as the courts open today, you should be there requesting an emergency hearing. Or, at least be looking for an attorney. The job is more likely to be held for you if you show them you are doing something.

Rautumn · Feb 10, 2012, 09:11 AM

Yes I have one has been in for about 5 weeks and I have tried everything to move it along faster. I have a lawyer but I have wait for him to be reappointed to me through the courts before I can get anymore really done. Yes talks to me but can't do a lot right now

ScottGem · Feb 10, 2012, 09:33 AM

OK, You just have to wait for the courts then.