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trisha0168 · Aug 6, 2007, 11:39 AM

I am confused on whether I will beable to move out of state with my child after my divorce is final? Is it possible for me to take my child and move out of state with him? Would I have to have sole custody?

renia · Aug 6, 2007, 11:58 AM

This all depends on you and the child, you see it is not about you but also about the child remember that the child would want to see the other parent from time to time and that cost money. As for the paperwork of who keeps the child depends on what the courts say and the length of time.

momo2lilgls · Aug 6, 2007, 01:42 PM

Just a bit of advice, if you want to be able to move out of state with your son after the divorce, bring that up during the divorce proceedings and have it written in your divorce decree. If you don't there could be some reprucutions on your ex's side and a big custody issue can evolve if he disagrees with it. Get the OK from the ex in writing.

macksmom · Aug 6, 2007, 01:57 PM

If moving out of state is something you are thinking about you need to have in included in your divorce decree. If you do not, you will need to have his consent before you do so. I have full/sole custody of my daughter and I would still have to get her fathers permission to move out of state... I had to get his permission to take her on vacation in Jamacia!

trisha0168 · Aug 9, 2007, 07:08 AM

Ok I want to move to better my life. The father has a drinking problem and see's his child whenever he has time for him maybe a couple days a week for a few hours. My son has only spent over night with him maybe twice since we have been split up in February. He helps me out with support whenever he feels like it not when its needed. He doesn't have a stable home and loves the bar. I want it to go smoothly in the divorce. If I told the judge how he is and how is life is do you think I would have a better chance at taking my son out of state?

ScottGem · Aug 9, 2007, 07:13 AM

There is no way for us to predict what a judge will do. Its possible the father won't contest it. You need to talke with your attrney and make sure your attention is part of the divorce settlement.

But, if the father insists on custody/visitation, unless you can prove this constitutes a danger to the child, its likely to be granted and that would inhibit your ability to move.

Fr_Chuck · Aug 9, 2007, 07:17 AM

Sole custody is not the issue, since the other party will have visits.
You will have to get the courts permission to legally move out of state under most child custody agreements

macksmom · Aug 9, 2007, 07:18 AM

Unfortunately I don't think so. If you can prove that moving the child out of state is in the best interest of the child, and the father consents to your move, then I'm sure they will allow it, but then you have to understand that for visitation you most likely would have to meet the father halfway to drop off or pick up the child.
You need to have child support ordered through the court, that way he doesn't have a choice on when or how much he pays... if you choose not to get a court order, then you have to accept that you may not get it.
The father may not see the child as much as you would like, but at least he is seeing them. (my daughters father fell into drinking when I left him and didn't see my daughter for almost 5 years before he got himself together). The fact is, is that he DOES see the child, the court isn't going to want to risk ruining that relationship by you moving out of state.

Your best bet would be to discuss it all with a lawyer and go from there.

Good luck.

s_cianci · Aug 9, 2007, 10:47 AM

It depends on what the custody order stipulates. If you do contemplate such a move, be prepared for your ex to try and get the court to prevent you from making such a move and taking your child with you.