Can my son's mother move away from me without my consent? 16 Answers as of November 01, 2011

My son's mother and I have joint custody with set days for time with our son. She is planning on moving with our son 120 miles away. Can she do so without my consent?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Under Minnesota law, there is no restriction on relocating within the state. However, if the relocation interferes with parenting time as set forth in an existing court order, the parties may be required to mediate a new schedule or file a Motion with the court to modify that schedule.
Answer Applies to: Minnesota
Replied: 11/1/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Under Florida law, no she cannot. If she relocates more than 50 miles from her current residence, she would need to either have your written consent or prior court approval. If she does without obtaining either of these, she is in violation of Florida Statutes and you would need to immediately file an Expedited motion for return of the child. If she hasn't moved yet, but you know she is going to, I would immediately file an injunction to prevent relocation with the minor child. You should consult with an attorney to assist you with either of these actions.
Answer Applies to: Florida
Replied: 10/31/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends on your orders. Is there a geographic restriction in the orders? If so, it controls. If you have an "agreement" that was never signed by a Judge, then you need to get before a Judge before she moves.
Answer Applies to: Texas
Replied: 10/31/2011
Louie & Kitsuse
Louie & Kitsuse | Calvin S. Louie
No! She is not allowed to merely move away with your son. If you allow her to move with your son, you potentially lose rights to your son. In order to be proactive, I advise obtaining a court order preventing her from taking your son, when she moves.
Answer Applies to: California
Replied: 10/31/2011
Attorney & Counselor at Law
Attorney & Counselor at Law | John Hugger
Within the State of Colorado she may be able to do so. Moving out of state may take your permission or Court order.
Answer Applies to: Colorado
Replied: 10/31/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    You may file a petition with the local family court to keep her from leaving the jurisdiction.
    Answer Applies to: New York
    Replied: 10/31/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    This move might be in violation of your existing parenting plan. Uprooting the children without your consent would justify filing a motion with the court to request that the children's residence not be changed while the court assesses the proper placement of the children.
    Answer Applies to: California
    Replied: 10/31/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    If there is no provision in the current Orders, then a 120 mile move would clearly frustrate the visitation. Also, if there is a transportation order, the moving parent would still be obligated to comply with any transportation Order. The safest way to proceed is to obtain an injunction from the other parent changing the residence of the child until the court can make a ruling on the issue. If you wait, and allow the move, that fact will weigh HEAVILY against you. You need to take affirmative action to protect your relationship with your child. When you are dealing with children, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
    Answer Applies to: California
    Replied: 10/28/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    She cannot remove the child from the jurisdiction of the state. If the 120 is within NJ, she can move without your consent and without a court order.
    Answer Applies to: New Jersey
    Replied: 10/28/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    She can move without your consent; what you have to do is file for a parenting time or custody modification action depending on whether you want to take physical custody of your son or work out a new parenting plan based on the relocation.
    Answer Applies to: Georgia
    Replied: 10/28/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The answer to that question starts with the Parenting Plan and court order. If the current order is completely silent on the subject, you need to file a motion with the court to, at least, modify your parenting time schedule if the move would adversely limit your contact with the child. Only the judge can answer your question if it has not already been addressed.
    Answer Applies to: Colorado
    Replied: 10/28/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    She will need to go through the relocation act procedure. There is a short summary of the act in your parenting plan.
    Answer Applies to: Washington
    Replied: 10/28/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington there is a set of procedures she needs to follow regarding notice of such a move. You can object and cause a hearing.
    Answer Applies to: Washington
    Replied: 10/28/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    If she is moving out of state, then she must obtain permission from you or the court (via order). If she is moving within state, the move cannot disrupt the current parenting plan (without permission). If she tries to do either, you can file a complaint with the court to prevent her from moving the child. This can be in the form of a modification based on the change in circumstances.
    Answer Applies to: Massachusetts
    Replied: 10/28/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    It depends on the terms to your current order. I'd have to review the order to properly answer your question. With that said, if you don't want her to move your child that far away from you, then I strongly suggest that you file a motion immediately with the court preventing her move away. When you file the motion, you can ask for an order to have a hearing sooner so the matter can be decided before she moves. Don't delay in filing your motion. Hire a local family law lawyer if you need help.
    Answer Applies to: California
    Replied: 10/28/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney