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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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Childs mother moving to different state

Resolved Question:

I have a child by a woman and we are unmarried. I pay child support and took her to court last year for visitation and got it. She plans on moving to another state with our son. My question is should I wait until she leaves to take her to court or should I do it while she is here? I dont think she is even going to contact the court but she said she is going to just contact the child support agency for her new address down there. Should I try and go to court now or wait til she actually leave (I dont really know if she is seroius). Also what are the steps I need to do to keep my son here?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Thank youCustomerfor your question.

Can you tell me what the parenting plan says about notification if she relocates? Does it say anything about advance notice, court approval?

Customer: replied 9 years ago.
its just talks about the times and days I have him. It does not go into detail about moving. Just the visiting arrangements which is 50/50.
Expert:  Attorney & Mediator replied 9 years ago.
Thank you, XXXXX XXXXX given a date or month she is planning to move?

Customer: replied 9 years ago.
she just said april and didnt give me a specific ... and im looking at the paper right now and it says its a mamorandum of agreement.
Expert:  Attorney & Mediator replied 9 years ago.
Thank youCustomer

In general custody/visitation orders contains terms which restrict or limit a parent from relocating to another state. In general the parent planning to relocate must give at least 30 to 60 days notice to the other parent of relocating, so that you can respond appropriately with the courts. Since your orders do not contain such provisions, she would not be violating any court orders if she were to take off and go other than not complying with the joint parenting arrangement.

So what you need is to add these terms to your court order. So yes, you should request a modification review hearing to ask that terms about consent to travel or relocation be added to the orders. Since she has already stated April to be the month of anticipated relocation you can use that as your facts to request a modification of the court orders to show a change in circumstances warranting modification.

Although the judge cannot deny the mother from actually relocating, the judge can restrict or limit the mothers move with the child. It might be possible that a different parenting arrangement would have to be worked on.

But to answer your question, yes you should file for modification at the present moment as these hearing can take time to set.

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