Q: Can I relocate with my son?
My wife has sole legal and physical custody of her 8 year old son. In the final judgment there is no mention of any rules regarding relocation. Additionally the father has no court ordered visitation. The final judgment spells out that visitation is at Mother's discretion only. We are going to have to relocate about 150 miles away due to a job that will serve the best interest of the child and enhance his opportunities. We already filed a notice of relocation with the court. The question is are we REQUIRED to go through that process if, as I stated: Mother has sole legal and physical custoday; father has no rights for visitation as it is at mothers discretion, there is no relocation verbiage in the judgement.
A: Generally speaking, you must comply with the statute and all it's requirements. The mere fact that he has visitation at mother's discretion, indicates that he has some rights. I would need to know a lot more, but it sounds like it should be pretty easy to get the court to allow this particular relocation. Relocation language does not need to be in the final judgment, as there is a statute that governs it. I still believe you must go through the courts, unless you can get consent from the father. It is best to have an attorney in these relocation cases, as the statute is a bit complicated. Let me know if I can be of further help.
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