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jcc2777 · Feb 7, 2006, 01:13 PM

I have custody of my 4 year old. His mother has visitation every other weekend from 6 pm on Friday till 7 pm on Sunday and every other Wednesday night from 6 pm till 8 am the next morning. I received custody when he was 1 and a half cause I took care of him since he was born. His mother is remarried and has one more child with another on the way. So she will have 4 in all in the next couple of months. I have since gotten engaged and my fiancé has relocated to Texas for a job. I am planning on going in may when we get married and I am planning on taking my son with me. What does the law say about this and what do you think the outcome will be? I offered her a summer visitation and a couple other weeks throughout the year that she could have him and I would pay the travel costs?

mr.yet · Feb 7, 2006, 02:35 PM

When you move have the custody order ordered in the state, cost for visitation is on her.

Fr_Chuck · Feb 7, 2006, 02:36 PM

What does the original court order for custody say about leaving or moving out of state. In most of the current court filings, moving has to be oked by the court. You will need to either get her to agree and have your atttonry get her to sign where it is OK, Next if she does not, you will have to file with the court for permission to move. Giving her extended custody ( and offering to pay for transportation one way) will go along way in the eyes of the court.

talaniman · Feb 7, 2006, 10:03 PM

The law is not the first consideration, your son is .Are you comfortable with what a move like this could mean to your son.Is it wise for him to spend less time with his mother.The only solution will be between you and your wife I just hope the two of you can still keep this innocent child 's needs before anything else.What does your wife think about this change in the plan?:cool:

fredg · Feb 8, 2006, 06:26 AM

Hi,
I'm not sure about your state's laws; you might have to check with a lawyer concerning them.
In the State of VA, you can move anywhere you wish. There is no child custody papers taking away the right of the parent from moving from one state or another, or for that matter, anywhere in the world.
If you have to move, then by all means, take your son with you, because you have custody. Studies have shown that children adapt to divorce more quickly than most adults. So, I don't think you will be doing harm to your child, especially when you are re-marrying. Your ex cannot stop you from having your own life.
If she wants visitation with your son, then it's up to her to decide how she will accomplish that, at her expense; not yours.
You really should consult with a lawyer, just to be sure.