• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Mother wants to move from FL to PA

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

stadek

Junior Member
What is the name of your state? Florida
I have a questions? I have be thinking about moving to PA with my daugther to better our lifes. I have been looking into jobs and the company I work for now I can transfer to PA. The questions I have is what do I have to do to be able to move out of state with my daugther who is 2 1/2. Her father and I were never married, he pays child support, visitation has never been established nor has paternity but he did sign the birth certificate. When we went to court for the CS my court papers just says that I am the primary custodial parent. I have read a lot of different things on this site about being able to leave the state. Just for the record, I am not tring to pull my daughter away from her father. I have made every attempt to let her see him and he wants her only when he wants her. I have mentioned about moving once before to him and he refuses to compromise with me if I move. Please anyone with some advice would be helpful. Thanks
 


LdiJ

LdiJ

Senior Member
stadek said:
What is the name of your state? Florida
I have a questions? I have be thinking about moving to PA with my daugther to better our lifes. I have been looking into jobs and the company I work for now I can transfer to PA. The questions I have is what do I have to do to be able to move out of state with my daugther who is 2 1/2. Her father and I were never married, he pays child support, visitation has never been established nor has paternity but he did sign the birth certificate. When we went to court for the CS my court papers just says that I am the primary custodial parent. I have read a lot of different things on this site about being able to leave the state. Just for the record, I am not tring to pull my daughter away from her father. I have made every attempt to let her see him and he wants her only when he wants her. I have mentioned about moving once before to him and he refuses to compromise with me if I move. Please anyone with some advice would be helpful. Thanks
Click to expand...
At this point you are free to move since there are no court orders for visitation or custody. However dad would also be free to take it to court (before you establish residency in PA) and file for custody and visitation and attempt to get a judge to order you to return the child to Florida.

It would probably be best to get a consult with an attorney before moving forward with any plans.
 
S

stadek

Junior Member
Thank you for the response. But what if I move to PA and establish residency before he files anything in FL? Could the judge make me move back to FL?
 
Z

Zephyr

Senior Member
judges can do whatever they think, especially if they think you're trying to sneak around the system. but maybe you won't have to worry about that, you said dad isn't all that involved, he might not actually do anything when you move..
 
S

stadek

Junior Member
It's not that I am tring to sneak around the system at all. Last thing I want is to move, get a good job, and then have to come back here. It's more like, if I can do it w/o having to get a lawyer (due to the fact that I don't have the money to get a lawyer) that would be better. I keep track of everytime he calls and everytime he sees her and for how long he has her when he does. My concern is that he's not going to do anything UNTIL I move just so he can make it harder on me. My question I guess is can I move w/o getting in trouble for taking her out of the state w/o the permission of her father?
 
Z

Zephyr

Senior Member
at this point you can NOT get into trouble for moving with her, dad may after you leave try to have the court intervene, but if he has been wish washy on his time with the child then he may not get too much further than a visitation order, you do have to realize that you will probably be responsible for all transportation costs. but if he has been wishy washy up until now he could end up not following through on any intention to take you to court.
 
S

stadek

Junior Member
Transportation was one the things I told him I would take care of since I am moving her away from him. He disagreeded to that also. He said something about he'll never see her if I move. My thoughts on it is, he hardly see her now and I live 5 minutes away from him. I guess I am scared a little b/c someone told me once that a judge can make me stay in FL if the father and I can't come to an agreement and I didn't see on how just b/c I have a child w/ this man why I would be stuck here and told my someone else where I can and can not live.
 
Z

Zephyr

Senior Member
if you guys never went to court in order for him to have court ordered visitation, then there is no agreement to be made right now because he has no rights, it was his obligations to ensure his role in his childs life was protected by petitioning the court to award visitation and/or some form of custody, he has not done that. draw up a visitation agreement that you feel you can live with and that is fair, state in there that you will provide trans, don't let him shut you down just by saying no, ask him how much visitation he would like, involve him in the building of the plan
if he agrees to it, good if he doesn't then he will have to finally get off his butt and go to court to establish his rights
 
W

winn dixie

Member
Just some advice...more personal than legal....I was divorced in florida with custody and timesharing established in the florida courts. When I wanted to move my ex objected at first. Even if you have no order in florida he could very easily get one here as soon as you move making life even more difficult for you. My advice is this.....go talk to an attorney and get a timesharing agreement in place and ask for the court permission to move. Be prepared to show why it is in the best interest of the child. I was granted permission to move and my ex gets extended timesharing int he summer, 1/2 Christmas break, every other spring break, and every other thanksgiving. WE are to split Transportation 2x per year....summer and christmas....and he can have every other weeeknd if in the area.
Get the court permission BEFORE you move.....I cannot stress that enough....you don't want to have to come all the way back to fl from pa.....your ex could make things very complicated.
 
S

stadek

Junior Member
Ok just a few more questions and then I'll stop. Does it matter at all that he signed the BC? And do I write up a visitation to go to court with? Or do I go file for him to have a set visitation? We have talked about he having a set schedule through the courts and he said "I'm not going to have someone tell me when I have to see my child. I'll see her when I want too." so if he has a set time frame and he doesn't see her what happens then?
 
W

winn dixie

Member
I can only share for personal experience....I would get a visitation scheduled set up throught the courts. People may get along for a time and visitation be an easy thing to come to an agreement on. However, people change and so do circumstances. I would get an agreement set up through the courts. My attorney told me that if my ex and I agreed on other arrangments that is was fine but at least if we had a signed agreement by the court (Shared Parental Responsibility) all parties had something to fall back on if they coudl not reach an agreement.

Moving out of the geographical area can get sticky...and I would go throught the courts. It would make life a lot less complicated in the long run for everyone.
 
M

momiedearest1

Junior Member
similar situation

I'm in MD, but your situation sounds exactly like mine. If you come across any helpful advice please forward it to momiedearest1. i just posted a similar situation today, 5-10-05 and i willgladly do the same for you. it's not fair. I agree with you completely. i hope one of us finds something that will help the other out. keep me posted please and i will check back to see if you post any resolution to the situation. good luck!! be strong. and thank you. not that i want anyone else to be in this situation but it's nice not to feel so isolated
 
G

gatorguy3

Member
I find that mother's are always eager to move the children farther away, for their own selfish reasons.

The hitch I find in this thread is that the OP stated she could transfer with her current employer. I don't see how that is a better job or a better situation. Seems the "better situation" is that she is farther away from the father. That is not best for the child. Think of your child. Don't say you are doing it for the child when you know you are doing it for you. More than likely, I feel that maybe there is a part to the situation you are not mentioning. Such as a new bf who may live in PA or something of the sorts.

But, I am just rambling. This sort of thing happens very little, right? Mothers never try to move thousands of miles away for spite.
 
M

momiedearest1

Junior Member
to gator guy

maryland

Gator Guy I will say, yes you may be right that there may be reasons stadek may be leaving out, but personaly I am in her same situation. A "better" job is one that pays more, that offers benefits from day one, that is in a better neighborhood with better schools. also no not all mothers move their children away to antarctica out of spite. i personally am doing it not only for the better job and consideration of my chld but because her father is abusive, unsupportive and is a whishy washy father. not all women are spiteful and you should give this person the benefit of the doubt because you never know. you sound almost like you speak from dealing with a spiteful woman. if so i sympathize, but dont judge everyone the same.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top