10 replies to this topic

[jaredsdad01]

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?

[FindLaw_AHK]

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

[jaredsdad01]

There is no custody order.

[Ted_from_Texas]

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.

[jaredsdad01]

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

[Fallen]

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).

[Ted_from_Texas]

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.

[jaredsdad01]

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

[FindLaw_AHK]

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.

[pg1067]

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.

[missingmyhubby]

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