i am legally married and i want to move back to n.y. from florida and my husband refuses to leave and wants me to leave our son with him in florida what aare my rights as a mother.
218270
I think you are stuck.  Your rights as a mother are no stronger than his rights as a father.  You both have rights as parents, and that means that neither of you can pick up the child and move out of state without the permission of the other.  Would you like it if he decided to move to California with your son but not you?
57457
Just go. Let him be the one to do the legal thing. My husband's ex-wife did it (new husband in military) and they moved to Hawaii (we live in Louisiana). We have not seen my husband's daughter in almost 3 years because they transferred again and we've no idea where they are.
328062
stay with the other woman. You owe nothing to your wife, and I actually think it would be unhealthy to go back to her. It may hurt your son that he can't be with his real mother, but he needs to be under the supervision of a responsible female guardian, not just the woman that gave him birth....
624474
She needs to talk to a lawyer. Unless the court has said that she cannot see her daughter, then he has no right to hold her away from her mother. She can go and pick up the girl and take her to lunch and hang out with her away from the new husband, but she has every right to see her daughter! Go to a lawyer and fast! If she already has one, then have her call him/her. That is what they are getting paid for!
450578
GO TO FAMILY COURT FIRST. REQUEST THE DNA TEST. IF IT'S NOT YOUR KID THEN NOTHING TO WORRY ABOUT. IF IT IS START CUSTODY PROCEEDINGS. GET AN INJUNCTION FROM THE COURT BARRING HER FROM LEAVING THE COUNTY WITH THE CHILD WITH OUT YOUR PERMISSION. IT WILL BE AN UPHILL FIGHT BUT IF YOU CAN PROVE THAT SHE IS UNSTABLE AND IS IN NO WAY CAPABLE OF CARING FOR THE CHILD YOU MIGHT HAVE A SHOT. A LITTLE ADVICE ONCE A CHICK CUTS OUT TO ANOTHER STATE DON'T TAKE HER BACK. DOCUMENT ALL OF HER CRAZINESS.  GOOD LUCK.\n\nYOU CAN STOP HER FROM LEAVING BUT YOU HAVE TO PROVE THAT IT'S YOUR CHILD AND THAT THE CHILD WILL BE BETTER OFF WITH YOU IN IT'S LIFE.\nI DID IT TO MY EX WIFE. SHE WANTED TO MOVE TO SOUTH CAROLINA AND A JUDGE IN NYC BARED HER FROM MOVING WITH MY KIDS. SHE WAS TOLD THAT SHE COULD MOVE BUT THAT THE CHILDREN WOULD HAVE TO STAY IN NYC. NEEDLESS TO SAY WE STILL DON'T TALK TO EACH OTHER. (7YEARS) AND I KICK UP 1K PER MONTH IN CHILD SUPPORT. BUT MY KIDS ARE WITH ME EVERY WEEKEND AND 1 MONTH IN THE SUMMER.
631689
I live in Georgia and am a man. My ex wife is abusively controlling. After our divorce she turned into super mom. Having to control every tiny thing about the children to the point of obsession. My son wants to be with me and my attorney says the judges have to consider a request at 12, strongly consider at 13, and no choice but accept the request at 14. Unless the request isnt in the best interest of the child, ie... the requested parent is a crimminal or drug addict etc...
78578
Well, You can go to court real quick and ask the court. According the the visitation agreement my husband has with his ex (we have custody) There is no first right of refusal and alls each party has to provide is a written letter 30 days before vacation and information on how to contact, plane flight, etc. \n\nWe were going to take his daughter out of state for vacation, his ex refused, we went to court and the judge clearly stated each party has the right to go on vacation with the daughter there is no right to refusal. UNLESS, there is proof (documented) that you are not going to give the child back.\n\nFile a motion, you dont need a lawyer, it is real easy I have written ALL ofmy husbands paperwork for court and he has won every time.
621411
The answer is really simple. I myself has just gone thru this. You Must submit to him in writing that you are moving to another state(if it's over 100 miles) and is taking the child with you. he has 30 days to respond by taking you to  court. if he does take you to court, be prepard to give concessions such as you will drive your son for visits with his dad, etc. another concession to give him equal custody (joint) as he would have a more say so in how the child is raised. this case law is from louisiana so the law differs from state to state as far as moving out of state. best to research the subject by going to your local library where they have law books and should help you to know exactly where you stand. Hope this helps
406607
Hey, you picked her, and now you're stuck with her forever, because you made a baby with her. You should have fought the move - it may be too late for that now. If she's living in another city, why is she trying to get the house? And why didn't you get an order for "no overnight guests of the opposite gender when the child is home" in your divorce/custody papers? I know a guy who did that, hired a PI and won custody of his 2 girls because the mom couldn't keep her legs crossed when her daughters were home.\n\nHave your visitation order with you and bring the police with you to pick up your kid for visitation. She can't keep the kid from you, and if the cops are already there, the whole tresspassing thing will vanish. Learn what your rights are and fight for them. There are a lot of father's support groups out there with a lot of legal information.\n\nShe is not going to get better. Maybe she will be distracted if she has a few more kids, and maybe you'll get lucky and she'll find another man to torture instead of you.\n\nDocument everything and bring it to court when you have to go. Don't be late with the child support, either, because judges don't look kindly on deadbeats -- and they also don't look kindly on women who won't let the fathers have relationships with the children. Record the phone calls. Get them for harrassment.\n\nGood luck to you.
244045
You got married.  Either side with you husband or let him go.  If you want to live with your mother for the rest of your life that's your business but if you love your husband, don't subject him to it.  Let him go.  He's probably hating life right now.
428877
State custody laws differ, but in most cases, no, you are not allowed to take the children out of state.  In order to do so, you must petition the court for a change, and you must give the non-custodial parent time to respond.\n\nYou will probably have a hard time proving that the move will be in the best interest of the children as it inteferes with their access to the other parent (and vice versa).  Most courts would say this would not be in their best interest.\n\nIt really depends on the other parent.  You might try mediation to revise your cutody agreement.  If the non-cust. parent agrees with you, then you can, but get it in writing first.
48147
I think if he has been ordered to pay child support some type of parternity must have been established.  He can go to court and stop you from moving out of state.  I would contact an attorney and talk them about this.  Good luck!
614662
He needs to get in contact with the child support agency that his is sending his money to.  And a lawyer,  if he has visitation rights.  Than he has the right to know where his child is and to see them.  The cops are just going to say that they can't do anything unless he has full custody.  Go to the court and talk to the judge that signed the visitation order.  They may be able to help know what he signed and what to do.  He should have never signed something that  he didn't completely understand.  I did that, and the people ended up getting full custody of my son and took off with him,  When they and their lawyers told me over and over that I was signing a temporary custody agreement.  Legal papers are so confusing even to very smart people.  Keep standing behind him and helping your man.  I commend you for being a real woman, and hold on to your hope and strength.  Because it may take time and money that you think that you don't have.  But every thing will work out for you.
667334
If there is no custody order in effect that states he has visitation rights, then no, he cannot force you to stay with him.  And either way, he certainly cannot send you to a "child home".
103925
The child has duel citizenship.\nThe Mother does not.  Marriage to a U.S. citizen will keep her here, but there are not many other options, unless she can extend her work visa
672830
I'm a former police officer turned attorney in Indiana. I don't know if this will help or not.\n\nWere the two of you ever married? If yes, then he may have an equal right to the child. It all depends on the law in Tennessee. \n\nWhy are the papers not drawn up yet? What did they state? You should've had at least a basic knowledge of what they were suppossed to say. Were they done locally? If so, go to the court that is working on them, and see if you can get a copy directly from them. \n\nAs a police office we never got involved in custody disputes. It was not our job to resolve civil disputes. Most people never realize this, but police usually have no power over civil law matters; only criminal. I would contact your local law enforcement and ask to speak to an officer. Ask what their policy is regarding these type of disputes. We usually left the child with whoever had custody at that time as we had no power to determine custody. \n\nI wish you the best of luck.
18043
I do not know the laws in PA, but here in FL, if you have joint custody, you have to tell the ex where you will be and IF the ex decided he/she does not want you to take the child he/she can take you to court. At that point you can tell the judge why you want to move. As long as it is a valid reason, then he/she SHOULD grant permission. The most valid reason is work related. As for child support, you should NEVER "give it up" as it is not YOURS to give up. That money is for your 15.5 year old. Hope this helps.