What can he do to prevent the non-custodial parent to move out of the county? 10 Answers as of April 30, 2014

My friend's ex is saying she is going to move out with their son.

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Law Office of Andrew Oostdyk
Law Office of Andrew Oostdyk | Andrew Oostdyk
In Texas, a custody order will often include language restricting the residence of the child to a certain geographic region. This restriction remains in effect as long as both parties remain within the region. The custodial parent does not have a means to prevent the non-custodial parent from moving out of the geographic region.
Answer Applies to: Texas
Replied: 4/30/2014
Law Offices of Lauren H. Kane | Lauren H. Kane
File a custody petition and see a lawyer immediately.
Answer Applies to: Pennsylvania
Replied: 4/29/2014
Reza Athari & Associates, PLLC | Seth L. Reszko
You should file a complaint for custody with a motion to the family court to prevent the relocation. Custody complaints can be found online at the Family Court's website. You might also consider hiring an attorney.
Answer Applies to: Nevada
Replied: 4/29/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
By non-custodial parent, I presume you mean the parent with whom the children live less time. Under the parenting plan law, a parent wanting to move must give written notice (the law is spelled out in the parenting plan). If he has not been given notice he can still object to the move by filing an objection. Depending on a list of criteria the court must consider, the court will either let her go and revise the parenting plan or not let her go. However, he needs to make the motion to the court quickly before the move happens.
Answer Applies to: Washington
Replied: 4/29/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Your friend should immediately going to court and get emergency protective orders preventing the child from leaving the state.
Answer Applies to: California
Replied: 4/29/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    He needs to file for a modification of custody.
    Answer Applies to: Georgia
    Replied: 4/29/2014
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    He needs to talk with an attorney, as much more information needs to be known in order to answer your question. For example, has a court action occurred previously that awarded him primary care of the child? or established who has what timesharing or visitation with the child? If so, then there are steps that can be taken. If not, then things still can be done, but the process would differ. He should consult with an attorney as soon as possible in order to best determine how to proceed.
    Answer Applies to: Florida
    Replied: 4/29/2014
    Law Office of Martin A. Kahan | Martin A. Kahan
    If he has a child custody order, he needs to file a contempt to prevent it.
    Answer Applies to: California
    Replied: 4/29/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Go to court and get an order preventing her from taking the child out of the country. She can go, the child must stay. There may very likely be a court order in place preventing her from moving out of state. She may also need to get his consent to get the passport or permission to take him out. A call to the State Department may be useful.
    Answer Applies to: Idaho
    Replied: 4/29/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    That will be determined by the orders in effect, he should look at his current file and the order which currently has to do with custody.
    Answer Applies to: Michigan
    Replied: 4/29/2014
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