My sons father will not let me relocate: Advice?

My son’s father and I are no longer together. I would like to move to Arizona (currently we live in CA) with my child since my parents and siblings reside there & the baby’s father is not supporting us financially at this point. He says that he won’t let me move with my child, but the relocation is really in my son’s best interest since he will have a lot of loved ones around him. I have a job lined up in AZ already, but I am terrified that he will use the law against me and take him from me once I move. I can’t really afford a lawyer right now since I’ve covered all the bills on my own. I’ve consulted with attorneys over the phone, and all they have to say is that relocations are tricky and need a retaining fee before continuing to do any work. Any advice on how to proceed with the move?

2 Likes

If u don’t have custody agreement I don’t think he can stop u I’m in Alabama and I have to give my ex 45 day notice if we plan on moving n we are wanting to move to Texas next yr bc my hubby has gotten a really good job offer n for us to do so he has to sign saying it’s ok n if not we have to take it to court n the judge decides if it would be better for child I have primary care of child he has visitation I’m actually worried bc he pays his child support n never misses a visit yet I told him I would make sure he got him Thanksgiving week while they are out for Christmas spring break week n the whole summer but a week in middle of summer n that we would meet him within 45 minutes of his home for drop off n pick up yet he still is saying no but that’s actually more time than he gets now I believe the judge will ok it n I’m sure since that’s where ur family is n ur supporting ur child the judge would ok it for u too but if u don’t have a custody agreement he can’t stop u

two words…CHILD SUPPORT

In Texas the judge will tell him that they can’t tell you where to live and it’s up to the primary care giver to decide where they live.

Take him to court for child support

Give him custody and move…you can see your child on holidays and two weeks a year

You can not just move to another state with your child if his father does not agree you have to file with the court for a relocation and prove it is in the best interest of the child. And if you do just go he can use the law to bring you right back here.

1 Like

I didn’t ask I just moved. Ck with your attorney

In wyoming and colorado yeah the other parent can stop you as you moving with the child as that interferes with the other parent/child relationship. That can be a very tricky line to cross… you really should get an attorney!!!

Take him to court for child support and request he pays attorney fees. Usually they will let u do that because you are supporting child

2 Likes

In michigan you have to file for change of domicile to move the child more than 100 miles. The conditions are usually negotiated on front of a mediator if the parties can’t come to an agreement. Ultimately it is up to the judge to decide if he won’t work with you.

If u were never married the child is legally yours and you can move as long as u give him a 30 day hand written notice. (In state of wisconsin)

Your best bet is to contact a family lawyer and ask what the state u live in rules are. Good luck

He can’t stop you if he’s not supporting the child

Just tell him child support or moving.
I bet he doesn’t want you to get child support…

Does he see the child?

Take it to court. If you are providing 100% for the care of your child and moving improves your circumstances (financially, familiarly, etc…) A judge would most likely side with you.

If you have a custody agreement it should have something written into that document. If you don’t have an agreement, he can’t do anything. Don’t let him bully you.

4 Likes

Moving isn’t the problem. Make sure the Dad can still see his son. That is the most important thing. No matter financially or not. He still needs both of you. If both of you figure it out your son will be better off. Be the better person

Depends on your custody agreement! Is the father in his son’s life? You truly need to an attorney or file your own through the courts. Sometimes with a new job and other family the judge will allow it. You can take a chance but that can go really good or really bad.

Okay for one it depends on the state laws, like in Ohio once the kid reaches the double digits in age the judge lets the kids decide where they want to live. I just went through this. Two if you use the fact that they will have grandparents, cousins etc the judge will want the kids where they will have most of their family

If he’s not helping you financially he’s not helping you. Go where it is best for you and your child. Go where you have mental support as well. No court in the world will penalize you for taking care of your child’s wellbeing

I think answering the following questions will help you. And when moving, obtaining a lawyer is always a good idea (maybe pro bono or a court appointed) Is there a legal custody arrangement? If so, does it state anything regarding relocation? Does he see the kids? Has he ever? Has he paid child support up til now? What does Cali law state?

1 Like

Judges rule in there all the time

If you have legal full custody of your child you can live anywhere you want