Scared to move out of state

[CTerrian]

I currentlty live in Orange County, California. The father of my 5 year old daughter is very intimidating to me. We share custody, where she visits him every other day, and every other weekend. We never been married. He lives with his parents, and they are well off. I need to move out of California because of the job situation here. I am struggling financially I want to move to Georgia with my parents, as they will help me get on my feet. I've told him of my plans to leave, and he says that he will take me to court for full custody.

Should I be worried about this??
I have told him that I want our daughter to be part of his life, and he's welcome to come visit. I also stated we could fly our daughter to visit him during the year for holidays, but he's not willing to do that.

Can he force me to stay in California?
Please help!!

[AFFA]

Re: Scared to move out of state

I wish to inform you that you can move to Georgia. In this regard you will require a court order if father does not consent for moving child. Generally residence of child can be changed either with consent of father or with court order. Court considers best interest of child as main consideration and in this regard you can show benefits which a child may have from you.

AFF

[sandyclaus]

Re: Scared to move out of state

I currentlty live in Orange County, California. The father of my 5 year old daughter is very intimidating to me. We share custody, where she visits him every other day, and every other weekend. We never been married. He lives with his parents, and they are well off. I need to move out of California because of the job situation here. I am struggling financially I want to move to Georgia with my parents, as they will help me get on my feet. I've told him of my plans to leave, and he says that he will take me to court for full custody.

Should I be worried about this??
I have told him that I want our daughter to be part of his life, and he's welcome to come visit. I also stated we could fly our daughter to visit him during the year for holidays, but he's not willing to do that.

Can he force me to stay in California?
Please help!!

Short answer? Yes, he can.

Understand that by moving thousands of miles away, he will not be able to maintain the same close relationship and frequency of visitation he enjoys now. While it's great that you have offered to ALLOW him to see his daughter on holidays, going from every other day and every other weekend is a pretty drastic reduction.

Putting that much distance is most definitely going to impede that relationship is most definitely a significant change of circumstances, so significant that you don't get to make that choice yourself - especially since you plan to move the child out of the state.

If you insist on moving her with absolutely no negotiation or discussion, you can - AND SHOULD - expect a fight from dad and a court case to go with it. And given that you are dead set on making this a unilateral decision in which dad has no say, you can expect that the court may well grant him full custody of the child. If the court is willing to entertain ANY kind of shared custody and long-distance visitation plan, you should ALSO expect to have to foot the entire bill for transportation costs for dad to exercise visitation (you create the distance, you are responsible for the cost).

[Disagreeable]

Re: Scared to move out of state

Short answer... You are free to move to Georgia at any time. You are not free to move your daughter to Georgia without court permission.

[Lexus]

Re: Scared to move out of state

If there is an order for joint custody in place, then you must file a motion with the court asking for permission to move out of state with your child. The father of the child can then file to have the child live with him and not move with you. You will have to prove that it is in the best interest of the child to move with you. However, if you move with the child without an order from the court, you run the risk of father filing with the court seeking the return of the child. So, under these circumstances I would recommend hiring an attorney to assist you.

[CTerrian]

Re: Scared to move out of state

I forgot to mention that he is a NON CUSTODIAL father. I only agreed to a visitation schedule when she was born.

I'm the one who has Full Custody. Does that make a difference?

[Friend In Court]

Re: Scared to move out of state

I currentlty live in Orange County, California. The father of my 5 year old daughter is very intimidating to me. We share custody, where she visits him every other day, and every other weekend. We never been married. He lives with his parents, and they are well off. I need to move out of California because of the job situation here. I am struggling financially I want to move to Georgia with my parents, as they will help me get on my feet. I've told him of my plans to leave, and he says that he will take me to court for full custody.

Should I be worried about this??
I have told him that I want our daughter to be part of his life, and he's welcome to come visit. I also stated we could fly our daughter to visit him during the year for holidays, but he's not willing to do that.

Can he force me to stay in California?
Please help!!

You will need to return to court with a motion to modify the custody/visitation decree so that you may move out of state to Georgia where you have job prospects and the support of your family.

Courts realize that unless the custodial parent is fully provided for, e.g. maintenance as well as support, the necessities of life mean that moves are often necessary for the parent to support herself and have support of family -- that she does not have where she is.

At the age of 5 years, custody normally is with the mother and barring unfitness, remains as long as the child is doing well.

When the order is modified it is imperative that arrangements be made for regular, unrestrained contact. She soon will be in school so the visitation arrangements you have now would most likely need to be changed, anyway.

I not only know of the pattern in many similar cases but have been in your situation and have done so myself.

[grim509]

Re: Scared to move out of state

Is there a current order? If you only verbally agreed to his visitation, then you can move. However, keep in mind, he can file right away and the court can indeed order the child be returned to the state of California.

If there is an order, then you have to abide by that order.

He can, regardless of either situation, file for full custody.

You can also file a petition to be allowed to move with the child. But it would likely be an uphill battle as you would have to show it's in the child's best interest, not yours.

[Friend In Court]

Re: Scared to move out of state

Is there a current order? If you only verbally agreed to his visitation, then you can move. However, keep in mind, he can file right away and the court can indeed order the child be returned to the state of California.

If there is an order, then you have to abide by that order.

He can, regardless of either situation, file for full custody.

You can also file a petition to be allowed to move with the child. But it would likely be an uphill battle as you would have to show it's in the child's best interest, not yours.

What is in the parent's best interests when it comes to supporting herself and family support is ALSO in the child's best interests. Isolation and poverty are not ideal environments to raise a child. The support of extended family is also in the child's best interests, too.

One can file for anything. But prevailing is entirely another thing. If one consults with a family law attorney they will get the correct information.