Can my daughters father keep us from moving out of state? 4 Answers as of August 04, 2011

I recently was awarded physical and legal custody of my daughter with no visitation for her father, he didn't even show up to the court date. He has a criminal history and uses drugs (proof was submitted to the judge when I filed for custody). Now his family wants to hire an attorney for him so he can modify the order. I already have plans to move out of state and have the plane tickets bought for my daughter and I. I have started selling my things also. Will he be able to keep us from going?

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Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
The court will have to decide what is in the child's best interest. However, if you have sole legal and physical custody of the child with no visitation for the father, you should be able to relocate. However, if they file papers then you will have to retain a lawyer to fight them.
Answer Applies to: California
Replied: 8/4/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
It would be smoother to get advanced permission from the court. Otherwise, both parties are bound by the terms of their judgment.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You may be able to move out of state if you were granted sole custody of your children in a judgment. If you requested that the court grant you permission to leave the state with your daughter and to change her residence, then that will not be an issue. However if the court did not grant permission for you to move, the father of the child may request that the court change custody based on the fact that you are moving out of state. If you do move, the father may still be able to have reasonable visitation of the child.
Answer Applies to: California
Replied: 8/4/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You have to file a request to move away.
Answer Applies to: California
Replied: 8/4/2011
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