Can the mother of my children take them to live in another state without getting my consent? I am the non-custodial parent.
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vicros11
ANSWERS: 4
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If she has full custody, then she can take them anywhere she likes. Sorry.
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Even if she has full legal custody, you may have a case to prevent her from relocating if the court can be convinced that such a move would deprive your child of regular access to you. It can be damaging to both the child and the affected parent. Such requests have been granted before, particularly if it can be proven that the parent is moving away to take revenge on you and deprive you of access to your child. If she is moving to take a much better job, to be educated, or a similar reason, you may be out of luck. If this has already happened, you are already out of luck.
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You must file for more custody or file an action against her right to move with your child. Some times the courts may find no merit for her to move such a distance. Her merits for move would consist of 1) a better paying job or marrage to improve quality of life. 2) If the bulk of her family lives in the state to where she is moving. 3) If she is not moving on a whim or a split decision to interefer with fostering and on going relationship with the non-custodial parent.
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Most states have laws against the custodial parent removing the child from the home state, away from the non custodial parent due to it interfering with both the child and the non custodial parent's right to a close and loving relationship. There are certain conditions however that will allow such a move. If the non custodial parent has a record of violence and the custodial parent is in fear of her and her child's life, is one such condition. Usually, the court will not be too sympathetic when the move is for a job or even a marriage because the child has the superior right to have a relationship with both parents and the move would remove one parent from the child's life for periods of time. If I were you I would go talk to an attorney about getting a restraining order to stop the move until the court can examine the whole case.
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