QUESTION

Will I be getting in trouble if I move out of state with my child?

Asked on Apr 17th, 2014 on Child Custody - Rhode Island
More details to this question:
I have gone to court with the father of my child. He was of yesterday granted visitations with her on certain days of the week. I have full rights over her. I was wondering if I was to move out of state will I get into trouble for that. I'm now filing for an appeal cause of the fact when he was questioned on the stand and lied the judge did not address of the fact he had lied several times while being questioned. When I got on stand the judge jumped me on just about everything that I wanted to say and was asked. I just found out today that his lawyer is running for Criminal Court Judge. I did not know he was, till today and to me. And I have been told that I had received an unfair hearing with I know I did. And that it was favoritism for his lawyer was running for a position there at the court house. Also seems unfair that he is an illegal alien and that when I pressed my concerns on him leaving with her and never seeing her again the judge just brushed it off as do I have proof. When he has told me on several occasions that he would take her and I would never see her again. I was treated unfairly and was very much disrespected when it came to my turn to testify.
Report Abuse

4 ANSWERS

Family Law Attorney serving San Rafael, CA at Warren Law Group PC
Update Your Profile
You do not have full rights over your child. That is the fundamental misunderstanding you have of the court order. The court granted the child's father rights of visitation. Your unilateral out of state move impacts her father's rights. You need to seek a court order permitting a move away or, in the alternative, get the father's written permission. Based on the totality of circumstances explained in your question, I would be very surprised if you could get such an order without an attorney's help.
Answered on Apr 21st, 2014 at 3:37 PM

Report Abuse
Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
Update Your Profile
There are automatic temporary restraining orders in all family law cases that prohibit moving the child from the State without a written consent or a Court order. Also, your move out of state would appear to interfere with the father's visitation rights. As such, you would need to request a "move away" order from the Court in your situation.
Answered on Apr 18th, 2014 at 2:53 PM

Report Abuse
Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
Update Your Profile
No you can not leave with the child, without giving him notice as per the relocation statute. He then has a right to object and you can not take the child out of state (or even out of the school district) without the court's permission. His legal status is irrelevant to the family court. If you're worried about his taking her out of the country you should have asked to have her passport put into the registry of the court. You can also call Homeland Security and have the child's name put on their list of not being allowed out of the country without an agreement from you. That's their rule in any case. Whenever someone doesn't get what they want, the think the court is being unfair. The child is with you the majority of time. The father gets time with her. Nothing you've said would be a basis for a court to rule differently. Each parent has the same right to the child. I don't know what you mean that you have full rights over her. That's nonsense. Do you mean you have sole decision making authority? That applies to the specific issues listed. Whether or not he lied on the stand is something you would need to be able to prove and to show that it was relevant to the judge's decision. Probably it wasn't. As to his status, you knew what it was when you had a child with him. You should have thought about it then. Now it's too late. He's the father. He has the same rights as you.
Answered on Apr 18th, 2014 at 2:53 PM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
Yes, you will get into trouble for taking the child out of the state. It is probable that your order states that the child must remain in the area you now live. Talk with your attorney about it.
Answered on Apr 18th, 2014 at 2:52 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters