QUESTION
Can I have custody of our children if their mother is trying to move out of state with them?
Asked on Mar 23rd, 2014 on Child Custody - Louisiana
More details to this question:
My kids' mother has decided today that she is moving out of state with our 3 children. She lost her job because she is chasing the other father of her 4th child. The children are with me right now but she says I need to keep the kids several weeks so she can make arrangements to move. I don't wish my kids to move and I'm wondering if there is anything I can do, especially since the kids are physically with me right now? We were unmarried. I am on all the kids' birth certificates and do pay child support with regular visitation weekly.
5 ANSWERS
Yes. Get an attorney and file for custody today. The calif court will lose jurisdiction if she moves with them and you may never get them back. Do something today.
Answered on Mar 25th, 2014 at 6:26 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can and should file a motion to change custody.
Answered on Mar 25th, 2014 at 6:25 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File a motion to modify custody on the basis of the move. Mom will need to prove that it is in the best interests of the children and in Idaho, just moving for a new job doesn't cut it (or for a boyfriend for that matter.)
Answered on Mar 25th, 2014 at 6:25 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If there is a parenting plan in place she must give you notice in writing and you can object to the relocation by filing an objection and noting a hearing. You have the burden of proof to show that the detriment of the move outweighs the benefit.
Answered on Mar 24th, 2014 at 2:33 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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That can be one of the grounds for asking for a change of custody, along with the fact that the mother apparently hasn't complied with Louisiana's relocation statute.
Answered on Mar 24th, 2014 at 2:17 PM