Moving out state with children, father has no custody or visitaion.

[Kasper3124]

My moms lawyer called her and said she needs to get permission from my dad to move out of state with my two younger brothers. He has no custody or visitation rights, she has to move out of this house in 29 days from MA and wants to move to New Jersey. I was wondering how this works because all I read was that if the move interferes with his visitation rights she needs permission but nothing was said if he had no rights, but her lawyer says she needs permission. If she were to move without any kind of permission then what would be the consequences because if she doesn't she wont be able to support my family in MA.

 

[Ohiogal]

We do not answer children about their parent's issues. Mom has a lawyer to whom she should listen.

 

[LdiJ]

My moms lawyer called her and said she needs to get permission from my dad to move out of state with my two younger brothers. He has no custody or visitation rights, she has to move out of this house in 29 days from MA and wants to move to New Jersey. I was wondering how this works because all I read was that if the move interferes with his visitation rights she needs permission but nothing was said if he had no rights, but her lawyer says she needs permission. If she were to move without any kind of permission then what would be the consequences because if she doesn't she wont be able to support my family in MA.

You stated that the father has no visitation or custody. Does that mean that there are simply no court orders, but he has a relationship with the children, or does that mean that a court has ordered that he cannot be around the children?

There is a huge difference in potential responses depending on the answer to that question.

 

[Kasper3124]

Court ordered that he can't see them. It's been three years since we have seen him or talked to him and the divorce was just finalized after all that time.

 

[ripplingrivers]

I believe that if the courts took his right away, then she can move anytime she wants. However, if you want to be sure, you (if you're at least 18) can try going to a family lawyer for a free consultation if you can find one that offers it for free. Then you can know for sure.

 

[Ohiogal]

I believe that if the courts took his right away, then she can move anytime she wants. However, if you want to be sure, you (if you're at least 18) can try going to a family lawyer for a free consultation if you can find one that offers it for free. Then you can know for sure.

DO NOT GIVE ADVICE! At all.

 

[mommyof4]

She doesn't have to get the father's permission. She has to have the court's permission. Once she petitions the court, the father will have the right to object to the move.

ripplingrivers, you have no idea what you are talking about. One, loss of custodial and visitation is not the same thing as loss of parental rights. HUGE freakin' difference. Two, there is more to moving with a child who is under a court's jurisdiction than getting the other parent's permission. Three, this issue is really none of the OP's business. Going on the assumption that her mother is an adult capable of caring for children and who has an atty, her MOTHER can get the answers she needs.

If your mother has any other questions, tell her to ask them herself.

 

[LdiJ]

She doesn't have to get the father's permission. She has to have the court's permission. Once she petitions the court, the father will have the right to object to the move.

ripplingrivers, you have no idea what you are talking about. One, loss of custodial and visitation is not the same thing as loss of parental rights. HUGE freakin' difference. Two, there is more to moving with a child who is under a court's jurisdiction than getting the other parent's permission. Three, this issue is really none of the OP's business. Going on the assumption that her mother is an adult capable of caring for children and who has an atty, her MOTHER can get the answers she needs.

If your mother has any other questions, tell her to ask them herself.

While I agree with this, the reason why its necessary to have the permission of the courts or the other parent, in order to be able to move, is to preserve the relationship with the non-custodial parent.

Since dad apparently the courts have stripped dad of his visitation rights, dad would not have the ability to challenge the move.

I am not sure that she would need permission in this instance.

 

[Ohiogal]

While I agree with this, the reason why its necessary to have the permission of the courts or the other parent, in order to be able to move, is to preserve the relationship with the non-custodial parent.

Since dad apparently the courts have stripped dad of his visitation rights, dad would not have the ability to challenge the move.

I am not sure that she would need permission in this instance.

Dad however has a right to know where his children are in case he ever wants to petition to have his rights re-instated. Just because his rights are gone doesn't mean they are permanently gone.

 

[LdiJ]

Dad however has a right to know where his children are in case he ever wants to petition to have his rights re-instated. Just because his rights are gone doesn't mean they are permanently gone.

I agree that dad would have the right to know where his children are, assuming that whatever happened to strip him of his visitation rights didn't also restrain him from knowing mom's address.

However, clearly, mom could not be denied the right to relocate with the children in the current circumstances.

 

[Ohiogal]

I agree that dad would have the right to know where his children are, assuming that whatever happened to strip him of his visitation rights didn't also restrain him from knowing mom's address.

However, clearly, mom could not be denied the right to relocate with the children in the current circumstances.

She still has to provide notice however. Maybe notice to the courts is a better way of phrasing it rather than permission.