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abernak · Jan 26, 2009, 06:10 PM

My sister has decided to move to Texas (from GA) without notifying the father of her 3 kids. They are 3 girls ages 7, 10, 11. He has visitation regularly and child support is taken out of his check weekly. I can't stand the thought of her taking the children away from us so far away. The father is not really fit to raise them himself so I don't want to help him in fighting her for them. I am trying to not cause a family feud by getting involed. Is there anything he can do leagally to keep her from moving so far away? Is there a mileage on a moving distance for divorce parents? I need to secretly help him without getting involved.

stevetcg · Jan 27, 2009, 05:23 AM

It should be mentioned in their custody arrangement. It sounds to me like he has visitation and any change to that would require a court approval. Moving any significant distance would violate his rights to his children and therefor she cannot move or face criminal charges (parental kidnapping comes to mind)

Fr_Chuck · Jan 27, 2009, 05:38 AM

If in the custody agreement it says she can not move with them, if not he will have to refile in court to have it added to the agreement that she can not move more than... miles away without his approval.

He needs an attorney before she moves and fie a temp order to stop her move till there is a court hearing

ScottGem · Jan 27, 2009, 07:59 AM

If there is court ordered visitation and the move will interfere with that visitation schedule, then the court will have to approve it. Most likely, if he is an active father, they will not.

He should go back to the court and report what he knows of hjer moving and ask for an injunction against it because it would change the visitation.

abernak · Jan 27, 2009, 09:25 AM

He doesn't know she plans on leaving. She is sneaking away in 2 weeks. Im her sister and the only way I know to stop her from taking the girls is telling him. Then it may cause a big family feud with my sister but I can't live without my nieces and I don't think its fair to their dad. Do I tell him? Do aunts have right?

stevetcg · Jan 27, 2009, 09:27 AM

You might want to clue her in on the fact that if she violates the court order not only may she face jail time, she might lose custody.

JudyKayTee · Jan 27, 2009, 09:28 AM

Originally Posted by abernak

He doesnt know she plans on leaving. She is sneaking away in 2 weeks. Im her sister and the only way I know to stop her from taking the girls is telling him. Then it may cause a big family fued with my sister but I can't live without my nieces and i dont think its fair to their dad. do i tell him? do aunts have right?

The mother and father have all the rights here. You have none. If she does move, the father can always petition the Court to bring her back but it's a lengthy and expensive process.

As everyone else has said, best to get this taken care of NOW, not later.

And I see no way you can stop her from moving but not get directly involved.

ScottGem · Jan 27, 2009, 12:25 PM

As pointed out, if she violates the court order she can lose custody. You can point this out to her.

Is there anyway you can send him an anonymous note or maybe have his children mention it.