Thank you for the additional information. If there is a parenting plan in place, the mother
can not just take away your legal rights, as ordered by the court. Moreover, she would need to comply with the code provided below, or could be in violation of the plan. You have every legal right to object to the relocation and oppose what she is proposing about 4 months out of the year. If you can not agree, she would need to proceed through the court and have it ordered by the Judge. The Judge is always going to act in the best interest of the child
, so the relocation would be weighted against the potential loss of any father/child relationship. Moreover, if she fails to currently comply with the plan in place, she could be held in contempt for violating it.
40-4-217. Notice of intent to move. (1) A parent who intends to change residence shall, unless precluded under 40-4-234, provide written notice to the other parent.
(2) If a parent's change in residence will significantly affect the child's contact with the other parent, notice must be served personally or given by certified mail not less than 30 days before the proposed change in residence and must include a proposed revised residential schedule. Proof of service must be filed with the court that adopted the parenting plan. Failure of the parent who receives notice to respond to the written notice or to seek amendment of the residential schedule pursuant to 40-4-219 within the 30-day period constitutes acceptance of the proposed revised residential schedule.
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