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Roger, Attorney
Category: Family Law
Satisfied Customers: 30895
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My sons dad might be facing prison time for newly assaulting

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My son's dad might be facing prison time for newly assaulting and beating up 2 officers. I know if i want to move out of state my son's dad will fight me, but if he is going to prison do i still have to do the asking for permission to move if he is in prison?

Kirk Adams : Hi - it's me again! :) I'll be glad to assist with this as well.
Kirk Adams : Generally, you would have to file a motion for permission and serve the dad with the court papers.

Hi there


Even if he goes to prison



Kirk Adams : Yes, you'd just have to serve him there.

Oh and if he objects?

Kirk Adams : The reason you would have to notice him is that you technically need a court order for approval to move.
Kirk Adams : His objection - - if he does - - likely will not make any difference since he's in jail.

Oh ok. If he objects their would be a unlikely non approval right



Kirk Adams : So long as you can prove that it is in your and the child's best interest to move, and if the father is in jail and really has very little way to exercise visitation, it would be tough for a judge to deny the request.

Yes based mostly on his record. I have no record

Kirk Adams : If he does go to jail, there's a very good chance that you'll be granted the request to relocate.

Yes because i would like to move to Florida


Warmer weather and better paying jobs and more to see and do


I seen that alot of criminal justice jobs, i wouldnt have to have my degree yet. i am a year away from graduating


Are you there

Kirk Adams : Yes - - i stepped away for a moment.

Oh ok welcome back

Kirk Adams : You should be in a fairly good position to get this done given the criminal history - - especially if he goes to jail.

What would you suggest at this point if i want to move and he goes to prison? I would like to go for full custody.

Kirk Adams : You could.

Yes really. I have never seen a jail cell, got a ticket or had any criminal charges on me


Do you think i would be successful at it

Kirk Adams : A petition for full custody and for permission to move could be filed.

Oh ok. Do you think i would need counsil for that?


I dont think i would


i think i would have enough not to need counsil

Kirk Adams : I would always recommend a lawyer, but there's no requirement.

Ok what about visitation for full custody? If i get full custody, can i make the decisions on visits?

Kirk Adams : Even with full custody the court could still grant visitation in favor of the father.

Oh ok


Well that is all i wanted. Thanks again for your help.

Kirk Adams : Sure. THANK YOU again for allowing me to assist.
Kirk Adams : Please let me know if you need anything further.

Ok i will


Thank you to Mr. Adams

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