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    lewbundy's Avatar
    lewbundy Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 20, 2010, 08:56 AM
    Moving autistic child away from father
    My son was evaluated and diagnosed with high functioning autism. I am getting divorced and she wants to take him out of state. I initially agreed but now I am having second thoughts. Are there any laws in California that protect fathers and/or autistic children from moving out of state? This may not be a good idea for him. And it's the child we are to think about. I don't care if there is a new life over there, Also this is to go down soon, so he will be ripped out of school.
    Please help.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
    Jobs & Parenting Expert
     
    #2

    Mar 20, 2010, 09:02 AM

    I suspect the autism wouldn't be a factor; the very fact that he is a vulnerable child is the main reason he shouldn't be moved out of state and away from a parent. Look at this site (the site suggests getting a lawyer for any kind of divorce -- and I agree) --

    Steps To Protect Yourself During Divorce
    Larken85's Avatar
    Larken85 Posts: 696, Reputation: 146
    Senior Member
     
    #3

    Mar 26, 2010, 04:18 AM

    We tried to move my fiancé and her autistic son out of state (closer to the father I might add) and the guy threw a fit and brought her to court for taking the son more than 150 miles without his permission. The judge can give permission for her to move however if you are fighting for him to stay near you then you may have a fighting chance. I suggest going to the court for a custody issue and make sure that they can't move that far away. If she wants to move far away that is fine but she should leave the son with you. It's not like you're the one that's moving away after all and I believe the father has certain rights when it comes to dictating where the mother can go and how far she can go with your son. A parent on the ladder side of the custody agreement (the one who gets shafted with only visitation) can move anywhere he or she wants without having to ask permission from the court. Reason is you are not moving the child. I say go to the court house and try to find someone that can help you out here.

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