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ashleywiggins · Oct 24, 2007, 10:58 AM

If I have primary custody of my daughter and I am getting married to someone who's job is transferring him out of state, can I move with my daughter?:confused: The father is not in agreeance with this, but I have no choice but to move because of the relocation.

macksmom · Oct 24, 2007, 11:44 AM

Is there a current visitation order?

ashleywiggins · Oct 26, 2007, 04:57 AM

Yes, he has supervised visitation.

macksmom · Oct 26, 2007, 05:01 AM

You will have to check you visitation order, or if you had an attorney... check with them.
In almost all cases, unless otherwised specificed in the visitation order... you have to get the fathers consent before moving with the child out of state... if you do not, and go ahead an move, you will be in contempt of court.

Your best bet would be to petition in court to have the order modified to allow you to move due to your husbands relocation... it will then be up to the courts to decide.

ashleywiggins · Oct 26, 2007, 06:33 AM

What are the chances that he can keep me here if I petition in court?

ScottGem · Oct 26, 2007, 06:45 AM

We are not fortune tellers. There is no way we can predict what a judge will do especially with such scant information. Macksmom has given you the straight scoop. Since the father has visitation rights ordered by the court, then the court HAS to approve ANY modification to those rights. If you do anything that will prevent the father from exercising those rights then you are in contempt of court.

I would have to say, there is no chance he can keep YOU in place. But he can certainly keep your daughter in place. Basically the options are as follows:

1) Modify the visitation order to accommodate the move. For example, instead of visits on specified days, weekly visits every other month where you pay to send the child to him.
2) Give him primary custody and you have periodic visitation

You did mention he has "supervised" visitation. Which indicates there is a problem leaving him alone with the child. That could work in your favor.

But the bottomline is we can't predict what a judge will do. You have to file your petition and hope for the best.

shygrneyzs · Oct 26, 2007, 06:45 AM

If you petition the court - which is what you have to do - the Judge will see the move for family and financial reasons and most likely allow the move. Your ex can have supervised visitation where you are moving to or you make arrangements to come to where he is - that will be worked out.