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do i have to have full custody to move out of state?

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maygo615

Junior Member
What is the name of your state (only U.S. law)? I LIVE IN PANAMA CITY, FL IM TRYING TO MOVE TO ARIZONIA FOR A FRESH START FOR MY SON AND I BECAUSE WE CANT SEEM TO GET THINGS TOGETHER HERE HIS FATHER DOESNT HAVE MUCH IF ANYTHING TO DO WITH HIM BUT IM AFRAID WHEN I TRY TO MOVE HE IS GOING TO CAUSE PROBELMS. HE IS VERY MENTALLY AND PHYSICALLY ABUSIVE AND HAS ANGER MANAGEMENT
 


stealth2

Under the Radar Member
You will likely need either the permission of Dad or the court.

And please, do not type in all CAPS as it is (a) difficult to read and (b) considered equivalent to shouting. Thanks.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? I LIVE IN PANAMA CITY, FL IM TRYING TO MOVE TO ARIZONIA FOR A FRESH START FOR MY SON AND I BECAUSE WE CANT SEEM TO GET THINGS TOGETHER HERE HIS FATHER DOESNT HAVE MUCH IF ANYTHING TO DO WITH HIM BUT IM AFRAID WHEN I TRY TO MOVE HE IS GOING TO CAUSE PROBELMS. HE IS VERY MENTALLY AND PHYSICALLY ABUSIVE AND HAS ANGER MANAGEMENT
Are there any existing orders? If so, does the current order address relocation? What does the order say about custody (word for word, but without the names)? How much time does the father spend with the child?

In FL, there is no presumption either for or against relocation.
http://apps.americanbar.org/family/military/june06dvl.pdf
If it does have to go to court, the court will consider:
The nature, quality, extent and duration of the child's relationship with each parent
The impact of the move on the child's emotional development
Whether the child's relationship with the non-relocating parent can be preserved with alternate arrangements
The child's preference, if the child is of suitable age and maturity level to communicate one
Whether the relocation will enhance both the relocating parent and the child's lives
The reasons the parent wants to move
The reasons the parent opposes the move
Ultimately, unless Dad agrees with the move, you will have to prove to the court that relocation is in the best interests of the child. So what argument are you going to use to prove that living in AZ is better for the child than living in FL? Keep in mind that it must be something that affects the child, NOT something that simply benefits you.
 

maygo615

Junior Member
the father doesnt spend anytime with my son maybe 2 days a month if im lucky i have pictures and police reports from bruises and diaper rashes from when he did visit his father , when he found out i was filing for childsupport he threatens to quit his job i believe it would be in the best interest for my son to move to where i can make things better for us i have no family in AZ i have a good friend willing to help me get things straight for us since it is not working in FL there is no custody order in place my son has lived with me his whole life his father and his family except his mother are all into drugs and bad enviorment all there are like 10 people living in his home its just bad all around but his mother says she has friends in high places and i believe she is going to drag me through everything and they dont even want him the only time they have anything to do with my son is to show him off ,......but on the bad part i am currently on felony probation but im adjutification was withheld i will get off in march 2013 but AZ is the best bet for that to cause i have the oppourtunity to go back to school and my son be settle for once in his life im just so confused
 

mistoffolees

Senior Member
the father doesnt spend anytime with my son maybe 2 days a month if im lucky i have pictures and police reports from bruises and diaper rashes from when he did visit his father , when he found out i was filing for childsupport he threatens to quit his job i believe it would be in the best interest for my son to move to where i can make things better for us i have no family in AZ i have a good friend willing to help me get things straight for us since it is not working in FL there is no custody order in place my son has lived with me his whole life his father and his family except his mother are all into drugs and bad enviorment all there are like 10 people living in his home its just bad all around but his mother says she has friends in high places and i believe she is going to drag me through everything and they dont even want him the only time they have anything to do with my son is to show him off ,......but on the bad part i am currently on felony probation but im adjutification was withheld i will get off in march 2013 but AZ is the best bet for that to cause i have the oppourtunity to go back to school and my son be settle for once in his life im just so confused
So here's the deal. You don't have any strong justification in moving the child away from Dad. The possibility for you to live with someone else isn't a good argument, nor is the opportunity to go back to school (believe it or not, there are schools in Florida, too).

You need to find out if there IS a court order and what it says. If there's no court order, then you would have to follow your state procedure for relocation. The state procedure is outlined briefly here:
Florida Child Custody Law Limits the Custodial Parents Right to Move | DivorceLawFirms.com
You have to file a motion to relocate with the court and serve Dad. Then, you will have to prove why it's in the child's best interests to relocate.

Complaining about Dad's family isn't going to get you anywhere. Heck, even complaining about Dad isn't going to get you anywhere.

If Dad challenges the move, it will be harder for you to get the court's permission. If Dad doesn't challenge it, even a modest reason may be enough. Either way, you could be forced to pay the transportation costs to allow for visitation and could be required to give Dad long distance visitation (which generally involves longer, albeit less frequent, visits than local visitation).

You also need to see if your probation terms allow you to move out of state.
 

stealth2

Under the Radar Member
the father doesnt spend anytime with my son maybe 2 days a month if im lucky i have pictures and police reports from bruises and diaper rashes from when he did visit his father , when he found out i was filing for childsupport he threatens to quit his job i believe it would be in the best interest for my son to move to where i can make things better for us i have no family in AZ i have a good friend willing to help me get things straight for us since it is not working in FL there is no custody order in place my son has lived with me his whole life his father and his family except his mother are all into drugs and bad enviorment all there are like 10 people living in his home its just bad all around but his mother says she has friends in high places and i believe she is going to drag me through everything and they dont even want him the only time they have anything to do with my son is to show him off ,......but on the bad part i am currently on felony probation but im adjutification was withheld i will get off in march 2013 but AZ is the best bet for that to cause i have the oppourtunity to go back to school and my son be settle for once in his life im just so confused
The bolded may preclude your leaving the state. So I will amend my response... You will need the permission of Dad or the court AND your PO.

I would not bring up your ex's negatives as you are not all that clean yourself.
 

maygo615

Junior Member
my stuff isnt that bad though the judge put in his notes i was the victim of the scam but i still have to be held accountable till i get off probation my thing is wont they take into consideration that he hasnt wanted anything to do with him till i decide to move he cant take care of him they have to see that he cant take care of dogs they all die so even though im not perfect he is far from it he doesnt have visitation now doesnt even try ....
 

Just Blue

Senior Member
my stuff isnt that bad though the judge put in his notes i was the victim of the scam but i still have to be held accountable till i get off probation my thing is wont they take into consideration that he hasnt wanted anything to do with him till i decide to move he cant take care of him they have to see that he cant take care of dogs they all die so even though im not perfect he is far from it he doesnt have visitation now doesnt even try ....
You stated that Dad has two days a month.
 

mistoffolees

Senior Member
my stuff isnt that bad though the judge put in his notes i was the victim of the scam but i still have to be held accountable till i get off probation my thing is wont they take into consideration that he hasnt wanted anything to do with him till i decide to move he cant take care of him they have to see that he cant take care of dogs they all die so even though im not perfect he is far from it he doesnt have visitation now doesnt even try ....
Once again, pull out your court order to see what it says.

And please get your story right. Does Dad see the kid a couple days a month or does he not have visitation?

Facts matter.
 

maygo615

Junior Member
there is no legal court papers at all none he sees the child twice a month sometimes and thats when i make it happen i have to force him to be around him only because my son will be 4 in april he doesnt understand and it is causing problems he has been reffered to a psyscologist for these problems thats why it WILL be better to move to AZ so there isnt all this one minute hes around and the next hes not my son and be settle and go to school and live his life .
 

Just Blue

Senior Member
there is no legal court papers at all none he sees the child twice a month sometimes and thats when i make it happen i have to force him to be around him only because my son will be 4 in april he doesnt understand and it is causing problems he has been reffered to a psyscologist for these problems thats why it WILL be better to move to AZ so there isnt all this one minute hes around and the next hes not my son and be settle and go to school and live his life .
If you could ATTEMPT to utilize minimal punctuation, that would be great.

Why would you "make" the father visit with the child when it is upsetting to the child?

Why do you think it is better to "run off" and seek the support of a buddy, rather than support yourself and the child?
 

mistoffolees

Senior Member
there is no legal court papers at all none he sees the child twice a month sometimes and thats when i make it happen i have to force him to be around him only because my son will be 4 in april he doesnt understand and it is causing problems he has been reffered to a psyscologist for these problems thats why it WILL be better to move to AZ so there isnt all this one minute hes around and the next hes not my son and be settle and go to school and live his life .
If there are no orders giving you permission to move, then the above probably applies. The only caveat is that if paternity has not been established, you probably don't have to notify Dad, but as soon as you move, he can petition the court for paternity and to have the child returned to FL - so you'd be no better off.

Your best bet is with Dad's permission.

BTW, your rationalization for the move doesn't ring true. Dad only sees the kid when you force him - but he psychologist says that its better if the kid doesn't see Dad. Ignoring for the moment the question of whether the psychologist really said that, that is contradictory.

First, if it's bad for the kid to see Dad, why are you forcing him to see Dad when there's no court order and Dad doesn't even ask for it? Either your story is false or you are intentionally harming the child.

Second, even if the psychologist really did say that, you can solve the problem by simply not forcing the kid to see Dad. Problem solved, no need to drag the kid halfway across the country.

You need a better reason than that. And wanting to shack up with a new bed-buddy (assuming that's the reason) isn't sufficient if Dad challenges the move.
 

maygo615

Junior Member
no you have it all wrong it has nothing to do with a new "bed buddy" where we live now has been nothing but problems wether i move to arizonia or two countys over the point is it WILL be better for my son i know im his mother ive raised him BY MYSELF for almsot 4 years. i said he was reffered to a psycologist because of all the unsettlement. i force him to see him because it hurts to see my son cry and think "no one loves him" those are his words so i think that i have very good reason to move somewhere that we have a better chance of getting things right . i did not post this to be judged i am judged enough because i am a young mother i have no family but my mother who is very ill she cannot even care for herself so she definetly cannot help me get on my feet . i have never asked anyone for a handout but my sticking by my sons father i have ended up in a lose lose situation my best option is to move.
 

maygo615

Junior Member
Florida is the 48th state in education. Look it up. I am not moving out of state with a "bed buddy". I am moving out of state with a female friend that has offered to watch my child so I can work. She has offered to help me with a place to stay and a ride. She told me she will help me get in school. This will be a more relaxed environment for me and my child. My son's father wants nothing to do with him here. I am not trying to take him from his father. I am trying to better things for my child and myself. There are more opportunites for jobs in Arizona. Florida was in a freeze hire before the recession. The unemployment percentage in the city I'm in is 9.9 %. The unemployment rate of the city I am trying to move to is 8.7%.
 

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