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Good evening. I'll be assisting you with your question.
Yes, there are a couple of options.
The 90 days notice is not simply notice with the move as a foregone conclusion. The purpose of the notice is so that the father can ask the court to prevent the move by taking up the child custody issue again.
Essentially, changes brought about by the relocation of a parent may, in a given case, be sufficient to justify a change in child custody.
To make this determination, a court will look at many factors, including the distance of the move, the purpose, the impact on the parent-child relationship, and, ultimately, what's in the best interest of the child.
So, once she gives that notice, the father has the right to file for custody or a modification of the current custody order.
So what your are saying is that this will go back to court to modify custody and visitation ?
If he wants to do that, yes.
Will the negative character of the step father weigh in on the determination by the court?
The court does not have the authority to issue an order preventing her from moving, but the court does have authority to alter the custody arrangement.
Yes, the court will look at all the factors surrounding the move and will determine what's in the best interest of the children. The character of the person who is, in large part, raising them is certainly something that impacts what is in the best interest of the children.
It is my daughter that is doing this and I can not support her. I am on the side of my ex son in law and feel custody should be given to him. The entire family which is very large is here and the stepfather is not good. It will only be my daughter and him with the children. Do you think we have a chance to change the custodial parent?
Based on what you've said, there is certainly a chance, but it is difficult to say without knowing all of the facts and details of the case, the way an attorney representing the father would.
Well thank you. Maybe there is a chance. We will speak to an attorney.
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