Ask Experts Questions for FREE Help !
Ask
    Brannen13's Avatar
    Brannen13 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    May 4, 2012, 08:12 PM
    Is there a way to block a parent from moving a child out of state?
    My daughters mother is threatening to move her out of state, and I am in the process of taking her to court for joint custody... I get her every weekend and have been for 6 years..
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
    		  
    #2

    May 4, 2012, 08:18 PM
    Quote Originally Posted by Brannen13 View Post
    My daughters mother is threatning to move her out of state, and I am in the process of taking her to court for joint custody...I get her every weekend and have been for 6 years..
    Helps to know where you live.

    For instance... if a custodial parent in NY packs up and leaves the state... they will likely lose custody of the child or children involved.

    Not all states will approach this the same.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #3

    May 5, 2012, 06:23 AM
    Quote Originally Posted by Brannen13 View Post
    My daughters mother is threatning to move her out of state, and I am in the process of taking her to court for joint custody...I get her every weekend and have been for 6 years..
    As Smoothy says, different states approach this question differently. But in any case the issue will be resolved one way or another in the course of your custody suit. One reasonable way to approach it would be to give one party primary physical custody and to give the other party summer &/or holiday visitation. So re-think your every weekend visitation and come up with a reasonable plan.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    May 5, 2012, 06:28 AM
    If there is an existing visitation order from the court or a pending case for visitation then she is already legally "blocked". For her to move the child without court permission while there is a pending case or where you would not be able to exercise the existing visitation order would be considered contempt of court.

    You should bring her threats to the attention of the court. Nothing can prevent her from leaving the state, but if she does the court will order a warrant and she will be required to return the child.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Parent taking child out of state [ 1 Answers ]

My daughter and her boyfriend live together in Texas and have a 6 months old daughter. He wants to take their daughter to Florida with his mother for vacation, but my daughter doesn't want their child to go. Does he have the right to take her against the mother's wishes?

Can a parent lose custody of their child for moving in with a convicted felon? [ 5 Answers ]

My ex the mother of my 9 mth old son is planning on moving out with a convicted felon. I'm not exactly sure what his charges are but I know one was possession, one was grand theft, and the other was running from the cops. And he was released 4 months ago. I know have every weekend with my son and...

Child of 16 moving in with non custodial parent [ 6 Answers ]

I am the parent of a 16 year old whom is choosing to move in with his dad- non custodial parent. The non custodial parent owes over $20,000 in back child support. My question is will I be responsible to pay child support, when the dad owes over 20k?

What can I ask for if the other parent wants to move out of state with my child [ 12 Answers ]

My exwife and her new husband want to move out of state with my son. I am in arrearage of excess of 10,000+. I previously agreed for her to live in another Country. (Canada) 45mins away from where I live now. I want something done with my arrearage or support. What can I ask for?

Can a parent take a child out of state with out permision [ 1 Answers ]

My girlfriend left California to New Mexico to stay with her family. I told her I didn't t want her to go the child isn't even a month old yet an I didn't want him to travel. Can I do anything?

View more questions Search