• 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.

Can he stop me?

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

sicentird

Junior Member
What is the name of your state? Ohio

My sons father has joint legal custody and me and my husband are wanting to move to Indiana for several reasons. 1. There are no jobs here in our area and I am currently unemployed and my husband will be geting laid off. We have looked for jobs to no avail but now he has gotten a job offer in Indiana. 2. I was born and raised in the town we want to move to and still have family there. I have been trying to move back to Indaina for awhile but wanted to have jobs and everything set up before we moved.
Me and my sons father get along well and try to work things out but now that a job opprotunity has come up the father and his wife are trying to get us to stay. His reasons are that our son would get depressed and miss him to much and that we need to consider our son first. I am trying to go where the jobs are so we can continue to have the lifestyle we have now. We visit my family in Indiana as much as we can but i also want my son to know them. My family is very small, in Ohio i have my mother and Indiana I have my sister and grandmother. The area we are currently living in is becoming jobless and and economicly unstable. The father was laid off and now working at a resturant making $7 p/h and his wife makes $18 and her job is stable so they are having no difficulties like we are. My husband use to make 50k a year and now is lucky to bring home 30k not to mention my income of 30k that i use to bring in. Me and my husband also have a daughter to support.
My question is can the father stop me from moving? I will fight in court if i have to but dont want to go through it again if i can avoid it. I have always done what is best for my son and i feel this move is a great chance. Please give me any advice that you can.
ps- I have mentioned to the father of my want to move for a few years and he has never said anything till now.
 


stealth2

Under the Radar Member
He can't stop you and hubby from moving. But he may be able to stop you from taking the kid. If you don't want it to go to court, then you need to offer him a good enough carrot to get him to agree. More time, you paying for transportation, etc. Most of which he'd get anyway if it went to court and the judge let you take the kid.
 

sicentird

Junior Member
Stealth- I have no problem giving him visitation such as school breaks, holidays ect. He has a pretty relaxed visitation now. I am just wondering i guess does a judge normally allow one parent to move to another state if there are valid reasons when the other parent dosent like the idea? Or is ot a long drawn out process?
 

BL

Senior Member
Post here exactly what your Court Order States about Moves out of State .

To answer your first question , Most if not ALL states have Joint Custody Kidnapping Laws ( some use different terms ) .

You would be wise to either work something out as suggested , and get written permission to move out of State with the Child , and have it recorded in Court Records , as well keep a Copy , or Agree to primary Custody to him w/ you having visits .

If the Father refuses , I doubt a Judge would Allow you to remove the Child permanently , as there are Laws already in Place to protect each Parent from Visitation interference .
 

LdiJ

Senior Member
sicentird said:
What is the name of your state? Ohio

My sons father has joint legal custody and me and my husband are wanting to move to Indiana for several reasons. 1. There are no jobs here in our area and I am currently unemployed and my husband will be geting laid off. We have looked for jobs to no avail but now he has gotten a job offer in Indiana. 2. I was born and raised in the town we want to move to and still have family there. I have been trying to move back to Indaina for awhile but wanted to have jobs and everything set up before we moved.
Me and my sons father get along well and try to work things out but now that a job opprotunity has come up the father and his wife are trying to get us to stay. His reasons are that our son would get depressed and miss him to much and that we need to consider our son first. I am trying to go where the jobs are so we can continue to have the lifestyle we have now. We visit my family in Indiana as much as we can but i also want my son to know them. My family is very small, in Ohio i have my mother and Indiana I have my sister and grandmother. The area we are currently living in is becoming jobless and and economicly unstable. The father was laid off and now working at a resturant making $7 p/h and his wife makes $18 and her job is stable so they are having no difficulties like we are. My husband use to make 50k a year and now is lucky to bring home 30k not to mention my income of 30k that i use to bring in. Me and my husband also have a daughter to support.
My question is can the father stop me from moving? I will fight in court if i have to but dont want to go through it again if i can avoid it. I have always done what is best for my son and i feel this move is a great chance. Please give me any advice that you can.
ps- I have mentioned to the father of my want to move for a few years and he has never said anything till now.
Exactly how far (in distance) do you want to move, and how much time does dad spend with the child now?
 

sicentird

Junior Member
There is nothing in the court papers regarding moving out of state.

As for the visitation the father has now he has everyother weekend but can take him during the week if something comes up.

I am trying to work out some kind of agreement with the father where we can come to a compramise. I am just trying to be prepared in case he refuses to compramise.

Where we want to move is about 400 miles away- 7 hour drive- 45 min flight

I hope this answers the questions posted and thank you for the feedback so far :)
 
B

betterthanher

Guest
sicentird said:
There is nothing in the court papers regarding moving out of state.

As for the visitation the father has now he has everyother weekend but can take him during the week if something comes up.

I am trying to work out some kind of agreement with the father where we can come to a compramise. I am just trying to be prepared in case he refuses to compramise.

Where we want to move is about 400 miles away- 7 hour drive- 45 min flight

I hope this answers the questions posted and thank you for the feedback so far :)
First of all, how much your ex's wife makes is irrelevant. Yes, the job scene in Ohio does stink something terrible.
A 7-hour move IS huge. Keep in mind, your husband doesn't have to compromise on anything. It's his child, too. Your ex can ask that you bear all financial responsibility for travel since you're creating the huge distance. Which means if you fly the child out to see dad, you could (will) pay for all tickets. If you have to drive, don't be surprised if you have make the drive. You can ask the ex to meet you halfway or pay for half the costs, but he is under no obligation to agree to that and personally, nor should he. Don't be surprised if part of his compromise is a significant break in child support to help defray the costs. You've seen gas prices lately, haven't you? Plane tickets nowadays aren't cheap, either.

Your ex is right, your son does come first. To be honest, all of the reasons you've given had nothing to do with what's in the best interest of the child. What kind of relationship does the child have with his father? If it's good (and you didn't give any indication it wasn't...in fact, it sounded like it's pretty good), then the chances of you being allowed to relocate the child will be slim.
Have you given thought of the father getting physical custody?
You can easily access Ohio Laws on move-aways by doing a google search for "ohio revised code."
 
Last edited:

BL

Senior Member
Your order may not specify you need written permission to remove the Child but the Law is still valid and Enforceable . In most State's Joint Custody interference is a Felony Crime .
 

sicentird

Junior Member
Thank you all for your advice but I would like to clarify that I will not just move without the father or the judges, if it came to that, consent. It is not my intention to just leave the state and say farewell. Some of the posts have suggested that to be my intention which is not the case.

Betterthanher- I will not consider giving him physical custody. I had sole custody and was gracious enough to give him joint legal custody last year to prevent a neverending court battle. In regards to mentioning the incomes it was only for a point to show how mine and my husbands have declined due to the joblessness of our area and to point out they are not in the same situation we are. I will never say that the father is not a good one but i will say that it took him a long time to get to be good. There is a story about that but does not have anything to do with the question or my reasons.
I always consider my son first in every decision i make and i thought about him in regards to this as well, I am trying to go to a place where there are jobs and i have family in turn being able to continue to support him like i have been doing. And i baulk at the mention of child support as it has no bearing in this disscusion.

I just want to repeat that i have no intentions on just leaving i was just wondering about the legal process if it came to that drastic of a step. Thank you all for your input.
 

Find the Right Lawyer for Your Legal Issue!

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