QUESTION
How do I go about stopping my son's mother from moving him out of state?
Asked on Apr 07th, 2014 on Child Custody - Nebraska
More details to this question:
I'm totally against her moving my son out of state. I'm looking for help on trying to stop it. We share custody as of now. He's been living with me the last year.
7 ANSWERS
2 Awards
You should refer to your parenting plan as to relocation restrictions. Generally, when a parent intends to move with a minor child more than 50 miles away, then that parent must file a petition to relocate and serve the other parent and then have the Court adjudicate the issue.
Answered on Apr 09th, 2014 at 11:58 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If he's living with you under a court order, she can't move him without a court order changing his primary residence. If he's not with you under a court order, then go to court and get one based on his living with you for the last year.
Answered on Apr 09th, 2014 at 11:56 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Is there a custody order? What does it say? If there is no custody order, go to court and ask for a custody and child support order. Generally, if there is a court order in place, a parent cannot move a child out of state without the other parent's consent or the consent of the court.
Answered on Apr 08th, 2014 at 12:17 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Is there a judgment, or custody order, in place? If so it controls until it is modified. You should see an attorney and you may have to file a motion.
Answered on Apr 08th, 2014 at 12:16 PM
Business Attorney serving Warwick, RI
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Arthur D. Parise Attorney at Law
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In order to prevent your child form being moved out of state you need to hire an attorney to file a motion to restrain and enjoin that move until a Court can decide if it is in the best interest of the child. Depending on your child's age his/her wishes may be taken into account by the Court.
Answered on Apr 08th, 2014 at 11:28 AM
Mediation Attorney serving San Jose, CA
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Law Offices of Ernest A. Cardona, PC
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If you have an existing court case, you can file a motion (called a Request for Order or RFO) in the family court to prevent the move. Without a court case, you can file a case and file your RFO at that time. In either case, I suggest you take action quickly to make sure the move doesn't happen before you start going. You need to speak to an experienced family law attorney in the county where you reside, or where the mother and child reside if that is different from yours. There's a lot of information I can't give you in a short message like this.
Answered on Apr 08th, 2014 at 11:27 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You file a Motion with the Court asking that there be a court order stating that your child cannot be relocated out of the jurisdiction and you file an Application to Modify asking for full custody, both legal and physical.
Answered on Apr 08th, 2014 at 11:26 AM