Q: What rights does my child’s father have that will hinder/prevent my move to another state?
I wish to relocate back to my home state. The father and I are not in agreement about co-parenting nor does he support it. He has a stretch of absences in her life that confuses me as to why he is so resistant. The child does not know him and cries upon his presence. Any relationship established has been at my hands(Mom). In my opinion, he serves no purpose. Countless attempts to find common grounds has failed excessively and terribly. What can I do as a mother to protect my rights and respect his? I do wish to relocate soon. I merely don’t want things to bite me once I do.
A: You will need to file a "notice of relocation" with the court. The father can object to the relocation and request a hearing. If that happens, the court will hold a hearing and make a determination based on what is in the best interests of your child. The court may consider a variety of factors, including the distance involved, family connections in both locations, the reasons for your move, how the move will affect the father's parenting time and relationship with the child, etc. If the court sets a hearing, you should be prepared to present testimony and evidence showing why you believe the move to be in the child's best interest. You should also consider sitting down with an experienced attorney to help you through the process.
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