moving out of state

[emgee759]

I am planning to move out of state. He filed for custody after he found out I was wanting to move. I am moving because of an engagement and marriage (within the next year-date hasn't been set). I have a job opportunity out there comparable to the job I have here and I plan to go back to school once there. It would be a move up for me, and consequently a move up for the child.

He has a parenting plan that gives him 2 days a week and revolves 100% around his work schedule. We do not get along, and are not able to rationally discuss any arrangements. I know the child prefers to stay with me (and her other sibling not of this union).

My question is: what concerns do I need to be worried about that could affect his getting custody and/or me not being granted permission to move? I am planning on moving soon--within the next month--and would like to know if there are any reasons that would allow a case to be rushed through, aside from domestic violence. Also, should I list all this information on the papers for the courts to consider?

 

[seniorjudge]

You do not need permission to move.

But if you want to take the kid, then you need to go back to the court where the judgment in the lawsuit was rendered.

You have to convince the court that it's a good idea to deprive the kid of her father.

 

[Duranie]

Dad does have a right to dispute the move. If Dad and extended family is in your current state, he does have a chance of winning custody. Unless the child is a teen they are too young to decide which parent they would rather live with.

Whether it is in the cihlds best interest to move is up to the courts.

If you are allowed to move, plan on paying for 100% of all transportation for Dad to see the child.

Your husband has few rights if any and the fact you have a job where you are currently located means you are moving for your husband, and since he is not the father, Dad does have a chance of securing custody.

This could turn into a lengthy costly court battle. I recommend trying to work something out with Dad but if he refuses, off to court you go. Hopefully you have an attorney.