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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I am from California, this in regards XXXXX XXXXX son that now lives

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I am from California, this in regards XXXXX XXXXX son that now lives in Oklahoma. My son and his girl friend lived together in California, they had a daughter, when the daughter turned 1 year, girl friend moved to Oklahoma with daughter. She told boy friend she would return, she stalled for time, after 6 months she filed for custody and support. Son could not take daughter out of state. My son moved to Oklahoma to be close to his daughter he lives in a house and he also got a job. Now girl friend has a new boy friend in the Air force, now they are getting married, because my son has no legal custody can girl friend move out of state with daughter and new husband. if he gets custody can he stop her from taking his daughter?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

To assist me in answering your question, please tell me:
1. Is the current visitation plan of every other weekend pursuant to a court order?
2. what is your granddaughter's age now?

Customer: replied 3 years ago.

visitation was court order and agreed on by both parents, granddaughter is 4 years old.

Hello Maria,

Thank you for your response.

The mother is required to comply with the court ordered visitation. If she were to move out of state, typically she would not be able to comply with the every other weekend visitation. Therefore the mother would need to petition the court to modify the current parenting plan and request that the court to allow a move out of state.

Your son may want to consider filing a petition for modification to the current parenting plan now requesting that the court increase his parenting time. The additional parenting time may assist him in the future if the mother requests permission from the court to relocate

I would be glad to respond to any follow-up questions that you may have.
Ellen and 3 other Family Law Specialists are ready to help you

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