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#1 jaredsdad01

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Posted 07 November 2012 - 02:18 PM

My sons mother moved him from PA to FL without notifying me that she was moving. Does she have the right to do that? What rights do I have?

#2 Guest_FindLaw_Amir_*

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Posted 07 November 2012 - 02:22 PM

Could you please elaborate a bit more on your post? Is there a custody order in place?

#3 jaredsdad01

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Posted 07 November 2012 - 02:28 PM

There is no custody order.

#4 Ted_from_Texas

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Posted 07 November 2012 - 02:55 PM

Absent an action pending for divorce or legal separation, or a custody order that explicitly says otherwise, your child's mother is legally within her rights to take the child whenever and wherever she pleases, with or without your knowledge or consent. Whether you enjoy similar rights depends on whether you are married to the mother. Consult local counsel.

#5 jaredsdad01

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Posted 07 November 2012 - 03:01 PM

We are divorced. So I guess yet again she makes it harder for me to see my son.

#6 Fallen

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Posted 07 November 2012 - 03:06 PM

Not sure how you got divorced without addressing custody issue, but you're free to file a petition with the family/divorce court and ask to address this. If she made it difficult to see your kid in the past, unclear why you wouldn't have earlier, but ... seek local counsel (even if she's been moved for six months and the kid has established legal residency in FL, you can make her work for it by filing with the original family court).

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#7 Ted_from_Texas

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Posted 07 November 2012 - 03:20 PM

What does your divorce decree say? I have trouble believing there isn't a section dealing with custody. A local family law attorney can examine the decree and any subsequent modifications and advise you in detail of your rights and possible options under the relevant state laws.

#8 jaredsdad01

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Posted 07 November 2012 - 03:53 PM

I need to find it but I don't remember anything about custody in the papers I signed.

#9 Guest_FindLaw_Amir_*

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Posted 08 November 2012 - 07:29 AM

To learn more about child custody, you may wish to visit the Family Law Center: Child Custody and read How to Get Custody as a good resource. For further clarification about this matter, you may consult with a local Family Law Lawyer.

#10 pg1067

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Posted 08 November 2012 - 07:49 AM

So...is there a custody order or not? First you said -- quite unequivocally -- that there is no custody order, but now it seems you're not so sure. Frankly, it is very difficult to believe that the court would have granted your divorce without including provisions for custody, visitation, and child support in the divorce judgment/decree (unless you guys failed to disclose the existence of your child in the papers filed with the court). If you signed a bunch of papers without reading them and without keeping copies, you need to get yourself down to the courthouse and obtain copies of all paperwork relating to the divorce.

#11 missingmyhubby

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Posted 09 November 2012 - 07:48 AM

My sons mother moved him from PA to FL without notifying me that she was moving. Does she have the right to do that? What rights do I have?

most courts require thier and the other parents permission before the cp moves. since mom didnt get permission, she will most likely be held in contempt and ordered to return the child.and the judge could order dad be giving custody




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