Child custody - moving out of state?

[Toenail]

What is the name of your state? PA

My fiancee lives in Ohio with her 7 year old son. She has custody of her son and he has been living with her since he was born.
I live in PA and my fiancee plans on moving out here with me, can her sons father stop her from moving out here and is there any way that she could lose custody?
The father has indicated that he is going to fight for custody.

A little background info, the boys father only holds a part time job, my fiancee has a full time job with benefits and is moving to PA with a full time job + benefits.
The father didn't pay any child support for the first 4.5 years.
I have a full time job and make decent money and have no criminal record.

 

[stealth2]

Ya know, it's funny... As many times as this question is asked here, the answer is always the same! Yes, Dad can absolutely keep the kid from being moved to PA. Your fiancee is free to move to Timbuktu should she so choose. But the kid...... maybe not. What accomodations towards visitation is she willing to offer to get Dad to allow the move? Does she plan to provide all transportation? Extended time during the summer (as in, ALL summer)? Or does she figure he should just suck it up?

Support and visitation are totally separate animals, btw.

 

[Toenail]

She is willing to allow regular visitation, holidays and summers.
I guess my question now is, how can a father who has been so uninvolved for 7 years now decide he wants to be an active parent but the real reason he is doing this is just to be vendictive?
Doesn't his past history come into play here at all?

 

[audster]

Do yourself and your concience a favor.....if you insist on moving her to your location (my gut instinct tells me this smacks of internet romance, but I could be wrong) talk her into signing over custody....Why should dad be even more put out? Why should he have even less time with his child because the mother selfishly insists on moving?

 

[Toenail]

You were wrong, it isn't an internet romance.
I don't see why she should have to sign over custody when the "father" has been non-existent in actually being a father for 7 years now!

 

[LdiJ]

She is willing to allow regular visitation, holidays and summers.
I guess my question now is, how can a father who has been so uninvolved for 7 years now decide he wants to be an active parent but the real reason he is doing this is just to be vendictive?
Doesn't his past history come into play here at all?

Has the father been regularly exercising visitation? How often does he see the child? How long has he been paying child support and is he consistant? If he rarely sees the child or goes long periods without seeing the child then mom would have a chance of winning court permission to relocate. Sometimes child support issues can also effect custody. Even though custody/visitation and child support are separate legal issues its rare for a parent with huge arrearages to recieve primary custody.

 

[stealth2]

Funny how you dind't say how uninvolved he was until you were told their could be a problem. Okay - he didn't pay CS for the first 4 1/2 years - was there a support order? If not, he was under no obligation to do so.

 

[Toenail]

The father does see the son one weekend a month.
He currently does provide child support and is consistent, now.
I am just very frustrated because I can see first hand how little he is involved in the boys life.
I guess it is even more frustrating not getting the answers you want to hear.
I do appreciate everyones responses.
Thank you.

 

[stealth2]

So Dad IS involved in his kid's life. As opposed to "so uninvolved". So how is it in the kid's best interests to move further away from Dad? Perhaps it makes more sense for *you* to move to OH so that the kid doesn't have to?

 

[Toenail]

Point taken.

 

[nextwife]

This is simple. Do what my hubby did - move to HER. That way there is no custody problem for her.

 

[Toenail]

I just don't see one weekend/month and cash as "being involved".
My fiancee is a great mother and has provided for the boy since he was born and like I stated earlier it is just frustrating, for the sake of being repetitive, to find out that I am the one that is wrong.

 

[stealth2]

Well, until you've been in a position to have to deal with custody orders, visitation schedules, support payments, etc, it's to be expected that you wouldn't know the ins and outs.

 

[LdiJ]

I just don't see one weekend/month and cash as "being involved".
My fiancee is a great mother and has provided for the boy since he was born and like I stated earlier it is just frustrating, for the sake of being repetitive, to find out that I am the one that is wrong.

Are you in a financial position that would allow for you to guarantee that dad would still get his one weekend a month? Even if it required flying the child back and forth with an escort? If so, it still might be possible for mom to win a relocation case. If the same visitation can be maintained, with no expense for the dad, its winnable.

 

[worriedwith1]

I understand how you feel and how you fiance is probably feeling right now. I am invovled with someone who is the Navy and this stops him from moving to me and we have talked about me and my daughter (from a previous relationship) moving but my daughters father wont allow it. Even if I provided transportaion for him to see her, he wont allow it becuase he doesn;t want me with anyone else or to have another male figure around his daughter. It sucks but tell your fiance that she's not alone. There are alot of single parents going through this. The best advice I can give you is for her to talk to him or if she cant, take it to court but I would suggest offering something like all transportaion expenses paid so that the judge can see you are willing to work with the visitaion rather then him look at it as your trying to put distance between the child and his father. It sucks I know.