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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12431
Experience:  Attorney experienced in all aspects of family law
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If the father has physical custody and at one point there was

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If the father has physical custody and at one point there was a visitation order for the mother. But the mother has not been apart of their childs life for 8 years (not by full choice), can she go back to court for visitation? She has been paying child support and the reason why the visitation changed was the father wanted her to drug test (she has never used drugs), but the morning she was to go do it she ended up in the ER almost losing her new baby and she was only 1 month along. The father started making her see their son at a facility where she had to pay to see him everytime. The fighting between the parents became very hard for thier son and the mother could not afford to pay anymore & she could barley affored her new baby. She decided to step back thinking it was the best thing. Can she go back now that she is doing great & get visitation again? Also the father is wanting to move out of the county & can he do that if she takes him to court?
Hello there:

Child custody is ordered based on the best interest of the child, and it is modifiable any time there is a material change in circumstances. If mom's situation has improved, nothing would prevent her from seeking new or increased custody and visitation.

I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.
Customer: replied 5 years ago.
If mother was to file to regain visitation, can the father still move out of the county?
If the mother has court ordered visitation with the child, the child cannot be relocated out of the country without permission of the mother or by order of the court.
Customer: replied 5 years ago.

Even if it has been 8 years since the mother has been in the picture ?

 

Correct. If there is an order of visitation or custody for one parent, the other cannot relocate out of the country with the child except by agreement of the parents or permission of the court.
Customer: replied 5 years ago.
I am unsure if I typed country, but i do mean county. So since the parents never went back to court & did anything regarding the original court order for visitation then that means it is still in effect? So the mother will have to take the father back to court to have the court order held up correct. What if the father moves before he can be served with papers to go back to court, will he have to move back?
My apologies... you did write "county". But the answer is only somewhat different. The parent cannot relocate in a way that interferes with the court ordered visitation or custody except by agreement or approval of the court, so if moving out of the county means a mile away, it probably will be fine, but if moving out of county relocates the child 2 hours away, that would be a problem.

Yes, the mother would have to take the father back to court. If the father moves before being served, the court will order the child returned if it is in the child's best interest.
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