by Sarah-jane C.
Member since:
December 31, 2007

Question about moving out of state with my child

January 22, 2008 04:00 PM UTC
views: 0 | comments: 16
My ex and I never went to court over custody or visitation, only child support. I am thinking about moving back down to Georgia (I live in Mass now and he in NH). He was taking Jake over night twice a month and chose to cut that down to 2 afternoons a month. Actually in the last month he has had him for just about 8 hours. I have told him about leaving the state and agreed to twice a week phone calls, and when he gets much older (he's only 3 now) maybe doing school vacations and summers with him. If he decides to take me to court over this, what are my chances of winning?

Comments: 16

Michele Scercy Jan 22, 2008, 4:04pm UTC
I have no idea, but I will keep this situation in prayer.
Shannon S. Jan 22, 2008, 4:13pm UTC
That would be the kind of thing to ask a good lawyer.
April H. Jan 22, 2008, 4:17pm UTC
I have no idea, but it sounds like he won't....
Sarah-jane C. Jan 22, 2008, 4:20pm UTC
I'm really hoping I won't. The only good thing is if we go to court he will have to pay for all the fees lol
Sarah-jane C. Jan 22, 2008, 4:20pm UTC
well let me scratch that, I hope I won't have to go to court lol
Sarah-jane C. Jan 22, 2008, 4:21pm UTC
Oh and I should probably say that he hasn't given me an answer about this only said he had to think about it
I wouldn't make a move without talking to a lawyer. I recently heard of a case where the mother moved out of state and the court said the dad no longer owes any child support. I thought those things were in the past but it seems not.
DiAnA D. Jan 22, 2008, 4:25pm UTC
i was a matrimonial paralegal for many years.. If he's agreeable have it written up and notarized. You shouldn't have any problem then
Jean R B. Jan 22, 2008, 4:32pm UTC
Seems like you are on amicable terms with him. Just get him to sign an agreement.
Barbara C. Jan 22, 2008, 6:26pm UTC
It took me so long to get my divorce that my child reached age 18 and no custody agreement was needed!
Sarah-jane C. Jan 22, 2008, 11:04pm UTC
Some great advice everyone thank you!!!! We have a very good chance of living on a farm and I think that would be an awesome enviroment to raise an autistic child in. He connects very well now with animals, I think they would just be a really good coping and basic emotional skills from. Meaning love, and dedication and other complex animals like that. I just so pray things go smoothly!
William M. Jan 24, 2008, 12:36pm UTC
If he agrees, get it in writing.
Since, you already live in a different state then him. I really don't think he can have any say. Unless he has a piece that states youn't move further than so many miles away. You can move where ever you want without asking him.
Deb D. Jan 25, 2008, 9:53pm UTC
Just in case, you could write specifics on paper and both sign it in front of a notary. At least that way you have written record.
Tricia C. Apr 30, 2008, 9:51am UTC
I have to actually go to court and get permission from the court and not the father... so you will probably have to retake the issue back up in front of a judge or referee...
Sandi S. Jul 29, 2008, 7:05pm UTC
What is best for your son?

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