Yes you can file for sole custody and that will prevent her at least temporly until you can get a court date. It should of been stipulated in your divorce degree that neither parent can move out of the state with the child or children. If yours does stipulate that then she can't remove the child from the state.
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Submitted 583 days ago...
Moving out of state
Me and my ex have a child together. She is threatening to take my son, and move out of state. She currently is not working, and has no way to take care of him, her daughter from a previous relationship, or herself. She looks to me to help her out. My son has lived with me for about 5-6 months out of the last year, with minimal visits on her part. When he stays with her for any extended period of time she asks me to watch him so that she can go out. I live in Florida and I was wondering if there was any way to stop her from leaving the state without my permission? And do I have grounds to go after full custody?
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Answer 2 / 2 - Submitted 578 days ago...
If she is the custodial parent (meaning in the parenting plan it is marked) and she is saying she is going to leave the state, you can go to your courthouse and file an objection to relocation. That will stop her immediately from leaving the state. There will be a hearing for you and her to show cause for your positions in the matter. There are 11 factors (at least in WA state) that go into the decision of the move. You will receive a copy of what those are when you file. Once the decision is made (she says she isn't leaving or they tell her not to) and she leaves...she will be violating the order. If she does leave without proper notification to another state you MUST file an objection to relocate and request that she be brought back to the state where in turn you might just receive custody. In your objection by the way you can file a new parenting plan...they will require it anyways if she is allowed to move...select you as the custodial parent. If she leaves and is gone for an extended period (I believe 6mnths could be shorter) then after that you have to file in the county in which the child resides...good luck. RWH
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