QUESTION
What should I do if the mother of my son wants to take him to Canada?
Asked on Nov 02nd, 2012 on Child Custody - Alabama
More details to this question:
The child's mom is a Canadian citizen and she wants to move there with our son. We do have a visitation plan in place. I have him every other weekend and two days out the week that I do not have him on the weekend. He will be two years old this month. We have joint legal custody, she is primary custodial parent and I'm secondary. I do pay child support. I know that America is more in favor of mother and child, but is there anything I can do and how will it affect everything?
13 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You must hire an attorney to fight this.
Answered on Jun 18th, 2013 at 10:25 PM
Leonard A. Kaanta
In Michigan, she must get permission from the court, you could file a motion to stop her from taking the child.
Answered on Nov 06th, 2012 at 8:03 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to have the court determine whether or not the move will be in the child's best interest. Part of answering that question will be whether or not it will still be possible for you to maintain a healthy parent relationship with the child, especially given the potential complexity of enforcing the current parenting order in a foreign country. A court could prohibit the move, change the child's primary residence, or modify the parenting time after consider all relevant information.
Answered on Nov 05th, 2012 at 10:32 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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She will not be able to move to Canada unless she files a petition and the court grants her request to move. There are four factors that the court will look at You should consult with an attorney to prepare for the hearing and make sure you properly present your case.
Answered on Nov 04th, 2012 at 2:06 AM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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IN MIchigan she needs the court's permission you can object. There are a number of factors that the court will consider. Follow up with family law attorney
Answered on Nov 04th, 2012 at 1:58 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The shared parenting plan should limit her ability to move out of state without your agreement or the court's permission. If not, you need to file a motion to modify the parenting plan to provide that your son live with you primarily.
Answered on Nov 04th, 2012 at 1:56 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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She cannot move without obtaining permission from the court if there is already a court order for the schedule you mentioned. Otherwise, there would be no way for you to exercise the visitation you are afforded. America is not in favor of the mother at the expense of the father and family law is state specific. If you are bonded to the child and mom does not provide a good reason for requesting permission to move (that she likes Canada more isn't sufficient), then the she may not be allowed to remove the child from the US. She can move wherever she likes, but the child may be ordered to stay here with you.
Answered on Nov 04th, 2012 at 1:54 AM
First the mother is not favored. You need a lawyer to help you fight the move away. This will seriously affect your relationship with your child.
Answered on Nov 04th, 2012 at 1:50 AM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Absolutely! You should immediately consult with and retain an attorney. Ask about file a Writ of Ne Exeat.
Answered on Nov 04th, 2012 at 1:42 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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In Florida she has to get your written permission or a court order allowing her to move.
Answered on Nov 04th, 2012 at 1:42 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Check your orders. She's supposed to give you notice of her move. Then file for a hearing to request the court stop her taking the child outside CA. You will be requesting the court revisit the custody. There are specific cases that have to be argued. CA is pro both parents not just mothers. You probably need legal help to try to prevent the move.
Answered on Nov 04th, 2012 at 1:31 AM
1 Award
She has to comply with the child relocation statutes before she can move the child. If she sends you a certified letter notifying you of her intent to move, you have to file an objection. If she has not complied with the child relocation statutes, file a restraining order prohibiting her from removing the h old from the jurisdiction of the court.
Answered on Nov 04th, 2012 at 1:30 AM
There are Relocation Provisions in every state that has notice and timeline instructions. A custodial parent has to give adequate notice they intend to relocate if it is more than 60 miles away from a noncustodial parent. The noncustodial parent has a right to object to the move. Then the parent desiring to move has to prove in court that the move is in the child's best interest. The burden of proving this is high since it is inherently negative to move a child away from their parent. Built into the "best interest" standard is a free flowing relationship with each parent rather custodial or one entitled to visitation. I would suggest engaging an attorney to file the appropriate objection. Once the objection is filed the burden is placed on the mother to prove her case.
Answered on Nov 04th, 2012 at 1:29 AM