My daughter lives in Ohio. She has two young children. The father and her are not married. She wants to move here to Arizona with the children . Can she leave and come here without permisson of a court? Can the father stop her from moving here?
by 
gordon24
ANSWERS: 4
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She can do as she pleases, she is not binded by any legal contract such as a marriage licenses.
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She can move without permission of the court, but he can go to court and cause problems for that plan. Being married isn't relevant -- he's the father and retains parental rights. The court will try to work it out so that both parents can be involved in the children's lives, etc., and there's a certain risk to the strategy of moving without his permission. But as a practical matter, it will probably be a while -- if ever -- that he gets around to acting legally. By that time, the children will be in school, the mother will be settled, etc., and the judge is likely to look at those "facts on the ground" and want to avoid disrupting the children's lives. I bet he would grant a visitation schedule to the father, but he might go so far as to require that the mother help pay for the father's plane tickets since it was her decision to move. Caution: you should really talk to a family law attorney. I'm a CASA (volunteer court-appointed advocate for children in foster care), so I do get exposed to a fair number of family dispute stories, but that does not make me a lawyer.
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She does not need permission of the court unless she is on probation or parole. She can move and take her children with her anywhere she wants. I think her best way of doing that would be to invoke the element of surprise. Say nothing to anyone. Pack and leave within the course of a day and leave no forwarding address, no phone number, etc. The father may have rights, but he will need seek the advice of a good attorney before he will be able to realize those rights.
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If paternity has been proven, and he is the father, he can petition the court to stop her from moving. If the judge finds that her reason for moving (cant find work, no where to live, etc) is valid, he will grant her permission. Then they will set a visitation schedule.
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