Q: Can a judge make me move back after moving to another state if there is no custody agreement?
I'm moving to Tennessee from Alabama. It's a 5.5 hour drive one way. My ex boyfriend and I do not have a custody or visitation order. He isnt involved with my son except for two days a month. When my son is there, they only play video games (so of course my 5 year old loves going). My ex works a rotating shift job and has no family nearby. Two out of three months he would not be able to get my son to school. I have researched every letter on this new place. I'm married and have 2 other children. My husband got an amazing Job in tennessee where he will make more than 20k more a year. The area we are in now is dry for his particular trade. I already know where we will live, what school he will go to, he will continue taekwondo, what community clubs he will be in, who his doctor will be and found a counselor for him, etc. My question is can a judge order me to move my family back to AL if I dont have a court order with my ex boyfriend? Due to his job he cant keep my son so would I keep hi
A: The judge can't order you to move back to Alabama, but the judge can -- and probably will -- change custody of the children to the father in what is called a "relocation action." He will make a filing with the Court and ask for custody because your moving away will prevent him seeing the child. You will have the burden in the relocation action. All the facts that you set out are important -- but make no mistake. The judge can give custody to him and leave the children right where they are.
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