Q: can the custodial parent move her and our daughter across country without my consent?
the mother has sole physical custody (I was inthe military, and live 500 miles away), but we have joint legal custody and I have visitation rights. she informed me today that her and our daughter are moving 1003 miles across the country with the mother's boyfriend. the mother is pregnant by the boyfriend, but she has had to run from him in the past due to his aggression in front of our daughter, to include fleeing their home. I have voiced that I do not consent to the relocation of my daughter, but the mother says I have no say, they are moving. She won't tell me when, why, or give me any details. I haven't gotten to see my daughter in months because of COVID. is there anything I can do? I can not afford an atty at this moment, and with the pandemic can not take a week off work to go the 500 plus miles to their county. mother lives in Fayetteville, NC. I live in Louisville, Ky with my wife and other children.
A: Typically it would be improper (and may even be a crime) to move out of state with the child without consent. If you have had either court orders and/or formal agreements put in place and if they were done properly, they should have addressed this issue and what terms either of you could move out of state under. The bottom line here is you need a local family law attorney in Fayetteville ASAP. If you can not afford an attorney, then while likely not legally correct, she is likely at least functionally correct when she says 'you have no say' as there is likely nothing you can do yourself to stop her - you will need an attorney. Of course, since you are already 500 miles away in KY, her moving 1003 miles away would likely just put her 500 miles away in a different location which should not matter to you (unless she plans to move virtually straight north or south) and even then - what's another 500 miles considering the limited visitation to likely are have.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
