Most states have a law that prevent parents from taking a child out of state without the other parents permission, regardless of a custody order, but does not prevent them from moving within the state. You can file a petition with for a custody order with the courts, in the order you will want to ask the judge to prevent her from moving more than a certain distance from you. The judge however is unlikely to order that she cant move, except out of state, BUT you can specify that if she does move more than a certain distance that she is responsible for transporting the child to and from visits. A para legal can help you type up and file this petition yourself, or you may want to hire an attorney.
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Submitted 369 days ago...
What rights does a father have with no legal agreement.
My fiance has a child with another woman. She is planning on moving more than 3 hours from there home now. My fiance has no legal agreement for custody or support, and we are looking to find out what our options are to stop her from moving or make it her responcibility for transportaion. We have a van that has over 300 thousand klms. on it and it is used for in town driving to and from our places of employment only. We feel that the use of this van for long drives will eventually destroy the van and then we will have no way to pick up the child at all. She is planning on moving Feb 01/08 and we are wondering if there is anything we can do to stop her from moving or making it her responicbility to provide transportaion. She is in a relationship (common law) and has another child with the man she is intending on moving with. please let us know what we can do before its too late to do anythng at all. thanks Melissa Monckton
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Answer 1 / 2
Submitted 369 days ago...
Answer 2 / 2
Submitted 188 days ago...
If his ex girlfriend has done nothing to file for child support or to have visitations set up for him that leaves the door open for him to file for visitations. At that time child support would be ordered. However if he is not named as the father on the birth certifcate and a partently test has not been taken to prove he is the father,then that will have to be done in order to file for visitations. In the mean time if she choses to move then you cannot do much. But remember you do have legal rights if you are the father,it just may be that you will not be able to get this sorted out before she lives. Also if she does not agree to have a parently test taken you would have to get a court order to have her comply with the court. You can always call an attorney and get legal advise,but this is about what happens in this kind of situration. States vary in laws but not that much.
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