Is the reason the opinions on this subject differ so much because individual states have different practices? I mean like many men, I guess I was ignorant, but i really never saw myself (possibly) in this arena. If I thought that by getting a divorce I would loose my rights as a parent I would have bit the bullet and stayed married to her.
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Do I have rights?
- Thread starter Darthpaul
- Start date
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Just Blue
Senior Member
Yes....Every state has different statutes/case law. But ALL state require either the CP getting the NCP's permission for the move or going to court and having the move granted by a Judge. The later would require (in most cases) the CP proving that the move is in the child's best interest. Not the CP's best interest...but the child's. A CP moving to be with their new lover is not in the child's beast interest.
I believe that misstoffolees is giving you very bad advice and want him/her to explain his/her legal background since s/he is alluding they have one.
Also, not that I, in any way want to see things progress to this point. But, my daughter and I are very close, what if her mother tries to move and she simply does not want to go? She is thirteen. It would kill us both to be away from each other like that. Not to mention her brother lives here (he is eighteen and moved out of his moms house almost to the day of his eighteenth birthday, loves his mom but knows shes nuts, couldnt take it anymore) and she has many, friends here that she has been going to school with all her life.
Ohiogal
Queen Bee
As soon as she informs you FILE IN COURT OBJECTING TO THE MOVE!
Ohiogal
Queen Bee
Get an attorney. File an objection in the court of jurisdiction (the court that set the original custody orders most likely) stating that you object to your children being moved away from you by the mother and that the mother has not obeyed the law and given proper legal notice and the children need to IMMEDIATELY be returned to the jurisdiction of the court and placed in your custody until such time that the court can sort it out.
LdiJ
Senior Member
I am going to disagree just a little. I don't think that mistoffolees was necessarily correct, but I do think that we tend to give posters a little bit of a false impression about relocation.
People do get permission to relocate with their children all the time. People are also denied permission to relocate with their children all the time. In my observations its more of a 50/50 proposition than we lead people to believe.
Also, in my observations teenagers wishes are weighted fairly heavily in a relocation situation. (when all else is equal in the parental fitness department). OP's child is 13, and I think that if OP fights any relocation, and the child also doesn't want to move, that the odds will be heavily in his favor. However, I think that if the child WANTS to go with mom, that his odds would be greatly reduced.
mistoffolees
Senior Member
You'd have a lot more credibility if you tried a rational argument instead of a personal attack.
What I stated was that in my experience, when a CP moves for good reason and asks the court for permission, it is granted more often than not.
Granted, in this case, the daughter is 13 and if she does want to stay with the father, that will improve his chances of changing custody. But that information didn't come out until later.
I did NOT say she could move without the court's permission. I did not say that NCP never wins. What I said is an absolutely accurate statement of my experience.
Now, if someone else has different experience, they're free to offer it. Personal attacks are not warranted.
Just Blue
Senior Member
Again..What is your experience?? Are you an attorney? Do you work in the courts? Or are you just a Jane/Joe Blow and have observed a few cases?
mistoffolees
Senior Member
I've already stated that I am not an attorney.
Is there some kind of law that only attorneys are allowed to know anything? Apparently, someone forgot to publicize that one.
Just Blue
Senior Member
Again...What IS your legal experience? Why won't you answer?
And no you don't have to be an attorney...but you are giving legal advice that is deceptive unless you have significant experience in court IN THE STATE THAT OP IS IN. So please give your experience.
mistoffolees
Senior Member
I didn't give legal advice.
I stated that in my experience when CP has a good reason to move and asks the court for permission it is often granted.
Do you have evidence that this is wrong? If not, then stop your abuse.