Crossing State lines

[MominVT]

What is the name of your state?What is the name of your state? Vermont and New Hampshire

Hi,

I live in Vermont. I am a non-custodial mother. It has only been 4.5 months since I separated from my husband. Before that, I was the primary stay-at-home caregiver to my now almost 8-yr-old child. When I left, I made sure that I took up residence in the same state. I did not take my child because of the good school and was in a household with another child that my child has known since toddlerhood and considers a brother. Now, my ex and the others are planning to move across the border to NH. They will actually be closer to me in physical distance, but I am concerned that this will hold legal ramifications during the custody process because of the crossing of state lines. Up until this point, we have been in agreement about trying for shared custody, but I'm not sure what my rights are in this position.

Should I be allowing this without contest? Should I take some sort of action? Would it be advisable to avoid divorce procedings after this? Does this put me at legal risk?

 

[Hopkins306]

By separation you mean Divorce right? He cannot move the child to another state unless he has permission from the judge. This would require a legitimate or compelling reason for him to do so. The judge may also change the custodial and visitation orders to better suit the child.

 

[stealth2]

Well, you can certainly contest the move. However, if it brings the child physically closer to you, it's entirely likely that a judge would allow it. If you're looking to regain custody as a result of the planned move, you should make sure that you do a careful comparison between the new community and your current one.

Jurisdiction would remain in VT.

 

[rmet4nzkx]

Are there any court orders re custody, visitation, child support, and divorce or legal separation filed?

 

[MominVT]

By separation you mean Divorce right? He cannot move the child to another state unless he has permission from the judge. This would require a legitimate or compelling reason for him to do so. The judge may also change the custodial and visitation orders to better suit the child.

We have not yet filed legal separation or divorce. There has been no court intervention thus far. Does that change things? Does that change jurisdiction?

 

[rmet4nzkx]

We have not yet filed legal separation or divorce. There has been no court intervention thus far. Does that change things? Does that change jurisdiction?

Yes it can change many things. First of all, both parents have equal rights to the daughter, however, the fact that you left the child in his custody might be seen as abandonment, especially if your have moved yourself from the household for personal reasons or to live with significant other . He does not require approval or permission of the court to move to NH, however he will have to be there a certain amount of time before he can file for anything. Since there is no court involvement, there is no jurisdiciton until one of you files.