Question:
Do child custody laws allow the mother to move the children out of state without the father’s permission?
The mother of my children informed me she is moving in a month to another state and that there is nothing I can do to stop it. I have been involved in my kids’ lives since their birth.
Is there anything I can do to prevent her from moving with our children?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though.
It is difficult to answer your question without additional information, particularly whether you are married to your children’s mother or whether this is a paternity action.
If you are not married to the children’s mother, I suggest that you immediately file a petition to establish paternity. Once a paternity or divorce action is filed, one parent cannot remove the children from the jurisdiction of the court.
If there is an existing cause of action, judgment, or decree of record pertaining to the children’s residence or time-sharing and a parent removes the child without the written consent of the other parent or order of the court, then the other parent can file a motion for contempt and for the immediate return of the children to the jurisdiction to prevent a permanent relocation.
However, if no action is pending and the other parent moves, they begin to establish residency in another state.
You need to immediately file a petition to establish paternity or for dissolution of marriage and ask that the court require the mother to return the children to the jurisdiction and grant you parenting time. You need to move quick to protect yourself!
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Melissa Knight, an associate attorney in the Tampa, Florida, office, contact Cordell & Cordell.
