Can I move out the county with my daughter?

Felicia - posted on 08/07/2013 ( 14 moms have responded )

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Ladies , I really need some decent input on this subject from other people that have to deal with irrational co parents people in their child's lives. I have primary custody of my daughter, the father joint (two days out of a week) . She resides with me obviously, and I've been presented with an offer I can't refuse.The only issue is , it's ten minutes out of the county. I have told my child's father....and his reaction was appalling, he acted as if I was going to take her out of the country damn near.....he threatened me with court ect. This offer comes with a very well paying job(which reduce his child support), I'd have to transport back and from (which I find ridiculous in it's own right him being almost 30 years old without a drivers license but I would do it for her), and on top of that I would be in a better school system, living arrangement, and be able to provide my daughter with more then needs but whatever she wanted.I really don't want to make this a family court issue but I am getting to the point of aggravation with him that he's almost leaving me with no choice to beat him to the punch to have them acknowledged he is only doing this to keep tabs on me.

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If you wanted to skip the court process I would go to the child support office and have them mediate the discussion. The child support worker will probably side with you since its only 10 minutes away and its a better environment for your child. If you let the daddy control a longer 10 minute drive, he will make bigger discussions a all out war. Stand up for whats right for you and your child. As long as his visitation is not jeopardized it should be fine. Don't let him over dramatize the change. Best to you

Ashley - posted on 08/09/2013

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Check your custody agreement... I can move anywhere within a 60 mile radius of my ec without his permission, but any father than that and he has to agree to it... Or he can take me to court if he chooses. He had 30 days from my move notification by certified mail to dispute the move. If he doesn't then by default he agrees... Hope that helps...

Jodi - posted on 08/07/2013

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It depends what your court orders say. I know my ex tried to get it into the court orders that I may not move out of state (which is ridiculous, because the next state is 5 minutes down the road). He didn't succeed. Basically, as long as HE is getting his court ordered access, and is able to continue his relationship with the child in the same way he does now, then I can't see him succeeding. The reasoning is that it is an order for the child. It is NOT an order to control you and your decisions. So as long as your decisions are not impacting on his access, and your daughter's relationship with him, then it has no business in the court orders.

Firebird - posted on 08/07/2013

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If he's not willing to be reasonable, your best bet would be to beat him to the punch and petition to the family court. If you can prove that your moving will not interfere with your ex's visitation schedule and that this move will have a positive impact on your daughter's life, it's unlikely your request to move out of the county will be denied. However, if the move will interfere with his visits, he is within his rights to keep his daughter where he can easily visit her.

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Christina - posted on 08/16/2013

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Check your custody agreement and see what it says. If it doesn't specify then you are allowed to do what you want (as is he). If it does go to family court , I think it would go in your favor for all the reasons you listed (better school system, higher pay, etc). Plus, if you are willing to transport your child to and from his house, then he really has no reason to object (although usually the court will require a halfway point as an exchange spot so as not to burden either parent - it's not anyone's issue but the father's that he doesn't have a license).

Good luck!

Tiffany - posted on 08/14/2013

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Definitely check your child support order, mine states that I can move anywhere I so choose even out of the country if I like but have to give notice of where I'm going but he has no say where I go as I am too primary custodian

Sarah - posted on 08/13/2013

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My court documents state that I have to give a notice if I move more than 200 miles away, so check your court order.

Diana - posted on 08/13/2013

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If he takes it to court, even if he just fills out paper work, you can't take her more than I believe 30 miles away from him. I could be wrong on the exact distance.

Tracy - posted on 08/13/2013

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Look to see what your paperwork states. If you can't find anything clear, contact you child support worker. They should be able to help you. Good luck!

Crystal - posted on 08/13/2013

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Check your current court order, mine states I can move anywhere with in the municipality I just have to give 30days notice it also states I can move out of my region but must give 60days notice.
Also note I am in Canada

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