What can I do to retain custody of my son and have him move with me out of state? 1 Answers as of January 24, 2011I currently live in Colorado. I just got a job in Florida. It is a fast paced move (2 weeks). I have primary custody of my 16 year old son. He wants to go with me to Florida. I asked his mother to sign a paper notarized saying it is ok or him to move. She is hesitant to sign even though she has said it is his choice. She said she has to talk to her lawyer but I have not much time to get him re enrolled to school and hope for no issues. Can she keep him from going even if he wants to? And how do I fight this for him?
John E. Kirchner, Attorney at Law | John Kirchner
If there is a current custody order, the specific terms of that order control. Generally, however, if the current order isn't specific and the mother does not agree to the relocation, you will need to get a court order modifying the parenting plan to permit you to take the child. The reality is that you probably cannot get that judicial decision accomplished over the mother's objection in 2 weeks unless you can demonstrate a real emergency. Realistically, you probably need to plan on about 90 days, minimum, from the time you file a motion to request the court's approval. Although a 16 year old child's preferences will be considered, it is not his decision to make. If the parents cannot agree, the Court will have to decide what is in the child's best interest.
Answer Applies to: Colorado