Can I have custody of our children if their mother is trying to move out of state with them? 9 Answers as of March 25, 2014

My kids' mother has decided today that she is moving out of state with our 3 children. She lost her job because she is chasing the other father of her 4th child. The children are with me right now but she says I need to keep the kids several weeks so she can make arrangements to move. I don't wish my kids to move and I'm wondering if there is anything I can do, especially since the kids are physically with me right now? We were unmarried. I am on all the kids' birth certificates and do pay child support with regular visitation weekly.

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
You may be able to prevent the move and, if she insists on moving, end up with custody. All of it must play out in Court and the key is whether or not the move is in the children's best interests; not what is good for either parent or concerning another child. It is always presumed that children should have frequent and liberal contact with both parents. You would have to make sure that you would provide more than ample opportunity for the mother to have parenting time with the children as best under the circumstances.
Answer Applies to: New York
Replied: 3/25/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes you can file a Petition for Legitimation and ask for custody. Once it is filed there can be a standing order that the children not be removed from the state. Good Luck. Do it right away.
Answer Applies to: Georgia
Replied: 3/25/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Immediately file and serve your paternity petition along with a request for emergency orders to keep the children in your custodial care.
Answer Applies to: California
Replied: 3/25/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
File a motion to modify custody on the basis of the move. Mom will need to prove that it is in the best interests of the children and in Idaho, just moving for a new job doesn't cut it (or for a boyfriend for that matter.)
Answer Applies to: Idaho
Replied: 3/25/2014
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
Bring an Order to Show Cause (Motion) for change of custody, due to threat to move out of state. Don't wait, do it now while you have custody and control of the children.
Answer Applies to: New Jersey
Replied: 3/25/2014
    Diane l. Berger | Diane L. Berger
    You can and should file a motion to change custody.
    Answer Applies to: Nebraska
    Replied: 3/25/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Yes. Get an attorney and file for custody today. The calif court will lose jurisdiction if she moves with them and you may never get them back. Do something today.
    Answer Applies to: California
    Replied: 3/25/2014
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If there is a parenting plan in place she must give you notice in writing and you can object to the relocation by filing an objection and noting a hearing. You have the burden of proof to show that the detriment of the move outweighs the benefit.
    Answer Applies to: Washington
    Replied: 3/24/2014
    The Bryan Law Firm, L.L.C.
    The Bryan Law Firm, L.L.C. | Douglas L. Bryan
    That can be one of the grounds for asking for a change of custody, along with the fact that the mother apparently hasn't complied with Louisiana's relocation statute.
    Answer Applies to: Louisiana
    Replied: 3/24/2014
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