40 to 50 percent of married couples get divorced.
Many of these marriages involve children, making going through divorce especially hard.
If your ex is moving out of state with child, you might be wondering if there’s anything you can do to stop her. Keep reading to learn more about your legal rights as a father after a divorce.
Can Your Ex Just Move Out of State With Your Child?
As a father, you have visitation rights for your child.
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In fact, in divorce court, you likely had a divorce agreement that validates those rights. So, no.
If your ex-wife is moving, she can’t move out of state with your kids.
However, there is a legal process for relocating to another state that she may initiate. This document must be sent ahead of time, depending on the specifications of your divorce agreement. If you receive this document, you can either sign it and approve the move or refuse to sign it and fight the move in court.
Then, a judge will determine whether your ex can move out of state.
If your ex states her intention to move out of state with your child, don’t panic. She can’t do so without a judge’s permission.
Prevent Your Ex From Moving
You have the legal right to object to your ex moving out of state with child.
In some cases, your objection will be enough for your ex to cancel the move. If she doesn’t, she has to get a judge to overrule your objection, which takes time.
If your ex has mentioned moving out of state and you want to stop this move, you need an experienced custody attorney on your side. Your attorney will help you build your case and develop your arguments for why the move should be denied. At your court hearing, your ex-wife will present arguments for why she should be allowed to move. You will have the chance to counter those arguments and explain why it’s in the best interest of your child that the move be denied.
The bottom line is you need one of the best father’s rights lawyers.
What if Your Ex Moves Without Your Consent?
Your ex-wife can’t move out of state without your permission. If she does this, it is considered parental kidnapping. Denying your visitation rights is also a form of parental kidnapping. Your visitation agreement should have been decided in your divorce decree or by the judge who decided on your custody agreement. If your ex-wife is keeping your kid from you and you have visitation rights, you need to talk to a lawyer asap.
Is Your Ex Moving Out of State With Child?
As a father, you have rights. Don’t let your ex-wife take your child away from you. Talk to an experienced custody attorney today. For more lifestyle tips, check out the rest of our blog.
