Question:
My ex and I signed a notarized child custody agreement that she was not allowed to leave the state with my son without my written permission.
However, she ignored it, moved out of state with my child, and when I protested the judge overruled our notarized agreement saying it was against my ex’s constitutional rights to prohibit her from moving out of state.
Can I contest this ruling by the judge or somehow find a way to get my ex-wife to uphold this child custody agreement we reached?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and child custody laws where I am licensed to practice.
While the agreement was notarized, it does not appear from the above facts that it was filed with the court for approval. Therefore, there was no order that the child’s mother could not leave the state with the child.
Additionally, a court cannot prohibit an adult from moving from the state. However, the court can order that a child not be removed from the state without a hearing on what would be in the best interest of the child.
If the court has already issued its ruling on the subject, you may be able to file a Motion to Reconsider or a Motion to Correct Error depending on how long ago the order was issued by the court.
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If it has been less than six months since the child was removed from the state, it may also be possible to file a motion to address a possible modification of child custody.
The court would then hear evidence as to what would be in the best interests of the child and make a determination as to what would be best for your son. This would allow you to present evidence regarding your son’s schooling, the residence where he would reside in each state, the schedules of each parent to care and provide for the child, whether any other relatives live nearby either parent who have a strong bond or relationship with the child, etc.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
