From the situations I’ve seen the child will live with one parent for majority of the year, a place they’re at a lot of the time so so they can attend school and have normal routines. The other parent will get the child on school breaks or for the summer
He can stop her by going to court. Most times when both parents are active in the child’s life parents aren’t allowed to make big moves if the other parent would lose out on time with their child. It would be left up to the judge.
If he goes to court, he can have it stated in the paperwork that she has to be within so many miles and not allowed to move out of state.
Dad has to agree to the move if they have a parenting plan I wouldn’t let her leave honestly it’s a nightmare !!
My ex and I are 18 hours apart. I have my son 11 months he has him a month in the summer. But ours is different my ex didn’t fight me. He can get in a custody order she can’t move out of state
Travel is supposed to be halved …. But it rearly happens like that at some point of another the mother will say you pay for it all of your not seeing your kid… same old story
He needs to take her to court now. If there is not a custody agreement in place, he needs to get one. If there is, he needs to make sure it states she can’t move X amount of miles away.
As soon as he files in court, she can’t leave the county. Then the court decides.
Well I dunno about over there, but In Australia your not allowed to do that if the other parent doesn’t agree.
Oh this is a tough one bc it’s hard for kids… My sister’s kids are military so always moving anyways. They do 2 years on 2 years off. And of course the parent who doesn’t have soul custody those 2 years gets holiday and vacations. No child support is paid to either parent. When you have them they are your responsibility. 1 year was too short for the kids 3 years was too long. So 2 years although still to long but still seems to work out just right. Both parents have now since remarried and co parent excellently. The kids well being are what’s most important.
Growing up my mom and I lived in Pennsylvania and my dad in North Carolina. I would spend 6 weeks of my summer vacation at my dads. When I came home my mom and I would usually try to do a small vacation together and the week at our local fair and then it was time to get ready for school. If I spent Thanksgiving at my dad’s, I would spend Christmas that year with my mom, and the following year they’d have the opposite holidays. Sometimes if my Easter break was long enough I’d go to my dads, but it was rare. If he came up north he’d pick me up for a day or 2, unless he was hunting (no thanks lol).
She would have to provide half the travel arrangements.
It’s according to who the child spends the most time with - if he/she attends school where they are currently living and if both parents participate in the school attendance - the age of the child is a major factor - most judges lean toward the mother if the child is not school age - they will take into consideration if the move is to benefit the livelihood of the parent in the process of moving and if it will be beneficial for the child or be a hardship - the best thing to do is to have a consult with an attorney.
I was the mom that moved 6+ hours away from my son’s father. I moved for my education and to be able to give my son a better future. His dad went from seeing him every other weekend to one weekend a month (any weekend that was agreeable for both schedules), the holiday visitation stayed the same as it was alternating. We actually went through court and it was clarified that he could call and talk to my son or video chat or whatever and I just needed an hour of notice to make sure he would be available. Honestly, he never really called and didn’t see my son for over a year because of the covid restrictions in place. Having phone calls when you can’t physically see them makes such a huge impact.
I recently moved to florida, ex lives in Vermont. He visited a month after we moved, then the kids were with him for the whole summer, he plans to visit florida in December, and I plan to visit Vermont in may/June and the kids will stay the summer again.
Have your brother read through the current court order. Most sat that the child can’t not move a certain distance without his permission. If so & she moves he needs to file a petition with the court for her to get kidnapping charges. Of he’s allowing the move then they need to work on an HR aggrerment.
I stoped my baby daddy from being able to move 3 hours away… Where i live at u can only be 100 miles apart. and he never told the court that he was moving till i did
My husband got so screwed over hire a damn good lawyer
My sons father moved to Arizona and I’m in Washington, we switch primary home every 2 years and if he’s with me then he’d go to dad’s for Christmas, spring break, and summer and the same vise versa. So far it’s been great and my boy’o is in his last 2 years of high school and it’s my primary parent time, I’m honestly grateful he’ll be graduating here!! We also have this in a parenting plan.
He can def fight that.go to court asap
Yes just gone though this. Sons father in Iowa and we moved to Texas… 15 hours. So he had my son all summer and I keep him during the school year. Since I’m the only one out of both of us with a drivers license I dropped off/ picked him up. He just paid for the drop off gas while I paid for the pick up gas. We decided if he did a plane situation we would split the cost 50/50. This was the first year we did this and it was rough. My son is 6 and the longest I’ve ever been away from him before this summer was 4 days when I had my daughter. Communication and compromise is key!
He can block her moving . File a custody order ASAP . They won’t let her move if he’s regularly seeing his kid . Idk why women think that’s ok to pull a kid from their parent
The judge told me that neither of us could move out of state, check with the courts and see what they say.
My brother did this when we were younger, he spent every school holidays with his dad
In michigan we have to have permission from friend of the court to move within a two hour radius in any direction let lone out of state. He can and needs to fight it
My friend ex move to Ohio she lived in Pa they had to meet up half way when they exchanged kids
My ex husband and I live about 10 hours apart. The kids spend a month with him in the summer and we alternate holidays. We meet in the middle to exchange the kids. The kids talk to their father ever day and we are flexible with visitation so that it works for both of our families.
Simple. Say no to the move, she needs his permission to move the child that far away
He needs to GET IT IN WRITING ASAP
thru the court she can’t move his child away from him.
He needs to go back to court and get the custody agreement modified saying she can’t take her that far away.
Is there a legally binding custody agreement? Every state is different of course, but by law a parent usually cant leave the state bc then the other parent can’t reasonably see the child. If there isn’t a legally binding agreement your brother should get on that asap. And research state laws on custody, it should be relatively easy to figure out. Good luck
Depends if the court approved the reason for move first and foremost
In Texas he could put a geographical restriction to where she cant move. However if she is doing this for reasons like her husband needs to work or something and your brother is understanding. He still needs to go to court and have his visitation rights locked in. They will tell him in mediation what his visitation would look like.
My ex husband’s ex moved from Sydney to Melbourne so he would only get to see his daughter for half of every school holiday. They would pay half plane fares each and the airline has someone who accompanies the kids and he’d collect her from them at desk at gate. Once they are a certain age they are then unaccompanied by airlines staff. She was about to move there without telling him so he took her to court to get visitation papers put in place.
It all depends what the rules in court are if none and u get along with the other parent then make arrangements.
Had another friend both lived in north Central Wisconsin. Then mother moved a few hrs into Illinois. They met every other weekend halfway during school and every other week during summer and spilt holidays.
My husband or his ex wife (she has primary custody) cannot move further than the surrounding counties w out written permission from the opposite parent.
If there is already a custody agreement in place, that’s what she has to follow.
If not, I’d look up the laws for your location.
In Tennessee you have to either right or type out a letter stating that you want to move and another details you want to put in it and send it to them by mail. If they do not respond to your letter at all within 35 days you can legally move if they do respond within that time you will have to go to court over it. But if y’all have never been to court at all over Custody I’m not sure if this will apply.
My ex and I lived in Oklahoma and his kids in Georgia. One had to travel to take them one way and the other to take them the other or could pay traveling expenses to the other if that was better suitable. 6 weeks out of summer they stayed with us and alternating thanksgiving and Christmas. And there could be no keeping the other from contacting them .
But definitely have it set with a lawyer and signed by everyone
My parents agreed on summers with my dad and every other school break. My mom was married to a man in the military and my dad stayed in the same place all his life. I’d get flew (if needed) or they’d drive and meet halfway and trade me off for my visits.
It isn’t too hard and it’s pretty fun when you’re younger ( as I got older not so much but I still wanted to see my family )
The way it worked for mine, in Florida, he moved to TX, and I moved to Washington. We were supposed to switch off holidays, he could have spring break ( his request so on his dime) he could also get the for 6 weeks over the summer, we split plane cost. Thats how it looked for us, I had primary.
I have a friend that her ex lives in Missouri and she lives in north Central Wisconsin. they met on the rodeo circuit.
They met halfway when the kid was little. Now school age she gets him during school and they split the summers and holiday breaks.
My ex husband and I share 1 beautiful daughter. I’m on texas he’s in California. I drop off my daughter to LA for summer break which is a month and half and 2 weeks for the winter break. Her dad drops her off back to me.
Either he gets him during school and she gets him during summer or vise versa. And they can work out holidays as well
You can Dania it that she move to a not her state while your son is so young or split sharing the kid 6months ea. Ch you get I have seen that a few times
I’m pretty sure that they cannot leave the state
I went Thur this And it was up to the judge it’s suppose to be you can only more 90 miles away that’s in Alabama
He needs to file through family court for physical custody and/or visitation.
Its up to 100 miles here.
In Florida it’s a 50 mile radius
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First, it depends on if they have a current custody agreement, and what that is? In my original custody agreement neither of us were able to move out of the contiguous counties without permission. So she’d have to go to a judge first. He could fight it if he wants to if it’s not in the best interest of the child. If it’s not for the mother to better herself and the child, like a job promotion or something like that, he would have a good chance of winning. Now my ex and I currently have an out of state custody agreement in which because my son is school age, he stays with me all throughout school year and my ex has my son every other spring break, 1 week at Christmas and 6 weeks in the summer. He lives 10 hours away. Good luck!
Yes it’s possible but they have to work together my baby daddy and I did it for a year while I moved away I have my son 2 weeks he had him a week it worked
I don’t live in the States. But in my province. I have a court agreement either one of us can only move so far. Now, with thag being said kids are with me full time. And dad woukdnt say no
I was the child in this situation. I lived with my dad and spent alternating Christmas/Thanksgiving, spring break, summer vacation, and a few long weekends here and there with my mom.
He can stop her from moving. My cousin’s ex husband did that when she tried to move to New York with their 2 kids. Now she is having to spend thousands to take him to court to fight it.
My Hubs has a buddy who got full custody of his child b/c BM moved out of state without a heads up or any kind of approval.
My ex is moving to Florida next year and we talked about the arrangement. He’ll be up for holidays if he can and then during her summer vacation my daughter will go to Florida for 2 weeks.
Lot of face time and maybe a weekend a month and summers when school is out
I won my case last week …the father of my child didn’t want me to go BUT my fiancé were offered a job making twice as much as he was at our old place …we got offered to PURCHASE a house …and my daughter WANTED to go …granite she’s only 8 so she didn’t have much effect…so basically IF she is moving to IMPROVE living situation she has a chance BUT just to move is most likely a no…I also pay of transportation and my daughter flies with my fiancé once a month to see her dad and every other holiday and 6 weeks out summer
My friend moved with her kids and their court agreement is every other holidays and a large chunk of summer. He plays to go get them, and then she has to fly to go get them.
She has to have court permission to move away especially that far. He can file a motion to block the move. It may get denied but you can have him request that she be responsible for the flight costs since she chose to move. He can request that he they rotate school breaks (spring, Thanksgiving and Xmas) then they can split summer. She gets one week in the beginning and at the end. Then he will get 8 weeks in between. He needs to get it in writing who has to buy the ticket, who pays what percentage of the tickets, when the tickets must be bought by (6 wks out, 3 wks out etc), who travels with the child to the on the plane if too young to fly alone. Literally every part/step of the request needs to be in writing so no one can back out or misunderstand it
Someone I knew was in this position where he moved back to the uk and she stayed with mum in Portugal and he would go over during her school holidays when she was younger but as she got older he’d fly over and bring her back for her school holidays here and return her the same way until she was old enough to travel alone with an airline guardian and he’d meet her at the uk airport then she’d just have school holidays here and alternate Christmas where him and his new family would go there for Christmas week and then she’d come here xmas week. They’ll have to arrange something like this with extended family snd work to make it work
Unless she has full custody he can fight to have her stay…she can’t move without the say of the father and he can take her to court qnd make her stay near…happened with my parents
I don’t know, my exes have never helped with my kids. I love it when I see parents coparenting peacefully.
He doesn’t have to give permission for the move
In our court order we can only move so many miles from each other (I think 352 miles). We’d need court approval if we wanted to move further.
I live in AZ and he lives in Utah so we meet in Vegas which is half way and we have almost 50/50. He needs to fight it.
Some of you women sound so snarky with your answers. “He can try to file a motion, but he won’t win hehe.” That’s exactly what you sound like. How can you be happy in life when you sound like that?
To the OP, I hope your brother files a motion with the courts and wins. If he’s a good dad, and the kid loves him, it’s just cruel to rip them apart like that.
In my state, a parent can literally stop you from moving without permission.
In NY the parent with primary cannot move the child far away unless the other parent would still have the same amount of parenting time. In my custody agreement I wasnt even able to move outside of the county with my son, let alone the state.
She needs his permission and he can stop it.
I was lucky, my ex and I worked it out as we went along. We both worked at getting the child back and forth between us.He was a good father and we both wanted a happy child. It was also only a five hour ride one way…
Don’t get your hopes up for blocking the move. I guess it depends on your original documents and where you live, but we weren’t able to keep my husband’s ex wife from moving. We live 12 hours apart. We are responsible for transportation at pickup and she is responsible for transportation to get SD back. Whether that be driving or flying, it just depends on what works better at that time. We haven’t had any issues with unaccompanied minor flights yet, so that’s been nice! We get her 8 weeks in the summer, alternating Thanksgiving, either beginning of Christmas break to Dec 26th OR Dec 26th until she goes back to school and alternating Spring Breaks. Hope this helps! Good luck!
They would need to go to court and as long as the dad is not on drugs, has a stable home etc… the judge most likely will not let mom move.
Hold up ladies. I moved across the country and simply told my ex I was doing it and there was nothing he could do or say. Why? I made sure to get the golden ticket: full LEGAL and physical custody. I make ALL decisions concerning my kids
My ex and I live several states away also. He tries to take the kids for part of Christmas break and he takes them from 4-6 weeks in the summer. Be flexible with each other. It’s so much easier
They’d have to wrk out part of the year in some way to keep the school consistent for the child. Plus a holiday plan.
Usually it’s 1 month in the summer and alternating holidays.
I’m my state you have to go to court to request permission to move and you have to prove that you are moving to better your life and the childs life. So like, you can’t move if you don’t have a job already set up that makes more money or better benefits than your current job.
She can’t move without permission from the courts and he has to agree. Otherwise she gives up her majority of custody. Any further than 100 miles away and she has to get permission.
I’m not allowed to move more than 100 miles from my kids dad without court ordered permission.
If there is a custody agreement she wouldn’t be able to move out of state. He needs to go file.
We have to split travel cost 50/50
Ask for domicile restriction. It can be limited to state, county, ISD
If there is a court ordered agreement and custody is shared, she will not be able to do this. Get a lawyer. For the people saying - get full custody and do what you want, it isn’t always that simple. I live in a state where joint custody is pretty much automatic if both parents are drug free and stable. I must stay within adjacent counties.
My kids see their dad primarily during the summer & school vacations, he’s a 8hr trip south of us almost 4states away
She’d need both his permission, n a judges permission here in NYS. My daughter’s mother could only move out of state with these permissions. I’d drive 9 hrs 5 times a yr to get her n bring her back. On top of that she dragged me to court every yr till she was 21.
Ask your county courts because it is different in each state, if she has full custody she can go as she pleases, work out a visitation or be prepared for child support before the custody case and if he doesn’t cooperate with the visitation it could be bad for him, I’ve worked for domestic relations so I’m very familiar on how this goes
If they get along, then just split the cost of travel and set up times when the child will visit and just have extended stays. It’s not fair to either parent to be stuck in a state when they have better opportunities elsewhere… just have to compromise.
I think all this would depend alot on the age of the child. Is the mom willing to regularly transport the child to see his Dad? Is the Dad ok with her moving and thinks it will benefit his child’s life? Either way he should consult with a lawyer because in many states the parent could not move that far from the other parent with the child unless both were in agreement. If that is not the same in your state the lawyer could help create a plan that is fair regarding Dad’s time with his child as well as who covers the transportation back and forth.
I have full custody and my girls spend the summer with there dad. Kids need both parents.
My friend used to get his daughter for summer vacation and one week of her winter break
I rode from northern Ohio to northern Wisconsin almost every weekend for years, that’s a 14 hour drive. It’s possible, where there is a will there is a way.
My son wasn’t married, but he had two children with his ex-girlfriend, she wasn’t allowed to move far away.
In TN we fought the relocation for my ex husbands kids and we won. She was free to move but the kids had to stay. She had the burden of proof that the relocation was beneficial to the kids. She couldn’t come up with enough solid reasons.
She can’t just move. She would need to modify court order and he needs to contest it.
Yes neither parent is supoose to move outta state without taking it to court and getting permission from the other parent. I am moving 12 hrs away from my kids father but instead of taking it to court we just decided he gets them every other week since they are being homeschooled. If i was your friend and she actually got along with her child(rens) father i would suggest to her to sit down with him and try to come up with a plan before taking it to court and write up something and take it to be notorized that way if it does go to court she has something showing that he agreed to it before hand
Wow, so many comments saying that she shouldn’t be allowed to move. Maybe, since they are coparenting, they work to make this easier on everyone. Figure out travel arrangements, visiting times, holidays and summer vacation before the move. Stop her from moving? What if it’s for employment or to have a better support system? Some of you are plain selfish.