What can I do to retain custody of my son and have him move with me out of state? How? 8 Answers as of June 17, 2015

I currently live in one state and I just got a job in another. 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?

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Reza Athari & Associates, PLLC | Seth L. Reszko
If you have the written consent of the mother to relocate, you will have the right to relocate. However, it is a little dicey if the written consent does not include a provision that you have primary physical custody. If no provision for custody, you can file a complaint with the Family Court for custody of your child. Nevada will remain the place of jurisdiction over custody until your son lives in another state for six months.
Answer Applies to: Nevada
Replied: 6/17/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You need to get an order allowing the move away. If you do not have a family law attorney, you should consult with one ASAP.
Answer Applies to: California
Replied: 6/17/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
She has thirty days to respond then you can move.
Answer Applies to: Georgia
Replied: 6/17/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Assuming this is a non-marital child, you must send her a certified letter, RRR, giving notice that you are moving, and of the future address, and notifying her that she has fifteen days to file a motion with family court if she objects. A skilled lawyer always helps.
Answer Applies to: Wisconsin
Replied: 6/17/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You need to get a lawyer. You don't say what the parenting plan provides for. If you are the primary residential parent, you must give written notice of the move. Because there is a time constraint less than the requisite amount for notice, you can make a motion for an emergency order to allow you to move the child. His opinion is legally irrelevant. You can enroll him in school in Florida even if he spends the summer here with his mother.
Answer Applies to: Washington
Replied: 6/17/2015
    John Russo | John Russo
    Yes she can, especially if you live in RI. If you just leave a jurisdiction with a child even if you have placement, the other parent still has rights and can seek an order and most likely get to have you return to the jurisdiction with the child. The real bad news is that without her consent you are not getting this done in 2 weeks.
    Answer Applies to: Rhode Island
    Replied: 6/17/2015
    Diane l. Berger | Diane L. Berger
    You have to file an application to remove him from the jurisdiction. Certainly his mother can fight you, but under the circumstances it should not be a big deal.
    Answer Applies to: Nebraska
    Replied: 6/17/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would suggest you immediately engage an attorney and finally motion to allow you to move with him. Given his age, and the fact that he is presently in your primary custody it should not be too difficult and perhaps, on filing the motion, his mother would rethink your position and allow the move voluntarily.
    Answer Applies to: Michigan
    Replied: 6/17/2015
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