Do I have rights?

[Darthpaul]

What is the name of your state (only U.S. law)? Florida

What rights do I have, as a non-custodial parent, as far as my ex wife moving with my daughter to another state. I am not sure that she will do it, but she like to threaten me with it whenever she is mad at me.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

What rights do I have, as a non-custodial parent, as far as my ex wife moving with my daughter to another state. I am not sure that she will do it, but she like to threaten me with it whenever she is mad at me.

You could file in court to stop the move, and then the judge would decide whether or not mom could relocate with the child. You would do that at the time that she made actual plans to move.

If she moved without your knowledge at all, then you would file in court asking the judge to order her to return the child to the home state.

 

[Darthpaul]

What criteria would a judge use to determine whether the move would be allowed or not?

 

[LdiJ]

What criteria would a judge use to determine whether the move would be allowed or not?

The judge would basically have to determine whether or not the detriment of not being able to see you as frequently was greater than the benefits that the move would bring to the child.

If the move is such that your current parenting schedule could be maintained or almost maintain, mom's chances would be greater. If not then mom better have some really really good reasons for moving.

 

[Darthpaul]

If my parenting schedule is defined in our divorce settlement, and the move is of a distance that would clearly make following that settlement completely unrealistic, how can a judge grant the move and still abide by the terms of the settlement?

 

[mistoffolees]

If my parenting schedule is defined in our divorce settlement, and the move is of a distance that would clearly make following that settlement completely unrealistic, how can a judge grant the move and still abide by the terms of the settlement?

There are a lot of variables. You really need more details.

What is the custody situation? If she has sole legal custody, she's almost certainly going to be able to move with the child. If it is joint custody, it becomes more of a problem.

Beyond the legal custody, what is the visitation? If you have every other weekend and she has the rest, there's a strong preponderance that it's better for the child(ren) to stay with her. If it's 50:50 physical custody, then it's a lot tougher to decide and then the judge has to get into who's the better parent, what are the circumstances of the move, how long have the kids lived in their current location, etc.

 

[Just Blue]

There are a lot of variables. You really need more details.

What is the custody situation? If she has sole legal custody, she's almost certainly going to be able to move with the child. If it is joint custody, it becomes more of a problem.

Beyond the legal custody, what is the visitation? If you have every other weekend and she has the rest, there's a strong preponderance that it's better for the child(ren) to stay with her. If it's 50:50 physical custody, then it's a lot tougher to decide and then the judge has to get into who's the better parent, what are the circumstances of the move, how long have the kids lived in their current location, etc.

No. No. No.

This is just wrong. Sole legal custody does NOT give a parent the right to move the child to another state. EVER! All state have procedures for a move away...Most, if not all, require the permission of the NCP, Court Order or both. Full legal does not allow the CP to deprive the child of the NCP or the NCP of their child. EVER!!

 

[Darthpaul]

She has sole custody. Yes, we do the weekend thing. My daughter is with me after school and for the rest of the day on my two days off a week. How hard is it to get joint custody six years after the fact. At the time of the divorce, I was pretty ignorant about how this all works and had no money for a lawyer. She worked for a lawyer who drew up the paperwork for free. As a restaurant manager, my hours are irregular and they had me convinced that a court would never award me joint custody based on that. The only reason I see her moving would be because the house we were in was only in her name, and now she may not be able to afford the payments. Her boyfriend from high school (who has mysteriously appeared both times we have split up in sixteen years) live in Pennsylvania, and that is where she has threatened to go when she is mad at me. So basically, as a loving father, I have no rights at all?

 

[Farfalla]

My husband had sole custody of his children. In order to move to my state when we got married he still had to get her written permission for the children to move with him.

You should see an attorney about this You might even be able to get the custody situation changed to joint.

For example my brother signed full custody of his daughter to his ex when he went into the Army. When he came out she tried not allow him visitation. He took her to court and they got joint custody.

 

[Darthpaul]

In the case of your brother, I assume he had just cause for taking his ex to court. She probably violated the terms of their settlement by trying not to let him see the child. Would I be able to get joint custody, seeing as how she is not at this time violating our settlement? Would it put me in a better position if she ever denied me access to my child or tried to move her out of state?

 

[mistoffolees]

No. No. No.

This is just wrong. Sole legal custody does NOT give a parent the right to move the child to another state. EVER! All state have procedures for a move away...Most, if not all, require the permission of the NCP, Court Order or both. Full legal does not allow the CP to deprive the child of the NCP or the NCP of their child. EVER!!

In practice, it does. In every case I've ever seen in cases like this where the NCP has every other weekend, if the CP asks the court for permission to move, it's going to be granted. Yes, they have to ask the court, but the odds of him being able to get custody on the basis of her asking the court to move out of state are very low. It can happen, but it's not common.

 

[mistoffolees]

In the case of your brother, I assume he had just cause for taking his ex to court. She probably violated the terms of their settlement by trying not to let him see the child. Would I be able to get joint custody, seeing as how she is not at this time violating our settlement? Would it put me in a better position if she ever denied me access to my child or tried to move her out of state?

Yes, that strengthens your case. It is still not a particularly likely scenario.

If she follows the rules and asks the court for permission, it's likely to be granted. If she just moves without notifying the court, you have a better chance.

 

[Farfalla]

In the case of your brother, I assume he had just cause for taking his ex to court. She probably violated the terms of their settlement by trying not to let him see the child. Would I be able to get joint custody, seeing as how she is not at this time violating our settlement? Would it put me in a better position if she ever denied me access to my child or tried to move her out of state?

Nope, my brother's ex was not violating anything in the origianl settlement. I recall this very clearly because I was with him in the first few visits he had with his attorney. He and his ex did not use an attorney in their orginal divorce and custody arrangement. they drew it up themselves. It gave her 100% custody of the daughter and did not mention his rights at all. He did that because he was naive and believed that his ex would honor a verbal agreement in which she would sign for joint custody after his discharge.

I recall very clearly that the attorney sort of chewed him out for doing this. But she said that the court would be look out for his daughter's best interest... and her best interest is to have both of her parents in her life.

 

[Darthpaul]

Yes, that strengthens your case. It is still not a particularly likely scenario.

If she follows the rules and asks the court for permission, it's likely to be granted. If she just moves without notifying the court, you have a better chance.

What if she informs me, but not the court?

 

[Just Blue]

In practice, it does. In every case I've ever seen in cases like this where the NCP has every other weekend, if the CP asks the court for permission to move, it's going to be granted. Yes, they have to ask the court, but the odds of him being able to get custody on the basis of her asking the court to move out of state are very low. It can happen, but it's not common.

What is your legal background??