We have joint custody   he only has visitation how can he stop me from moving with my son out of state?
114530
Very easily. Your moving his son out of state would interfere with the visitation rights granted to him by the court.\nThe only way you could move would be to take the matter back into court. He would have to give his consent, and the terms of his visitation would be changed.\nIf he's against the move, you're not likely to win this one.\nIf he was okay with it, what is likely to happen would be that the child would live with him in the summer months, and he would be able to come to where you live and visit on several major holidays. Taking the boy back to his motel, or whatever, for the days allowed.
259222
Just because he is ordered to pay child support does not mean he gets rights to your child.  Visitation and custody are dealt with in seperate legal battles.  Go after the child support.  It won't go against you if you don't go for it, but is it really fair that you're shouldering all the financial responsibility for your son.  Applying is easy.  Go to your state's .gov web address, and search for child support or dept. of revenue.  Once you fill out the application and send it in, they will notify you of any progress with your case, and will assign a court date. (Save copies of all paperwork you send in or they send you)  If your son's father is named on the birth certificate, that's good enough for the court.  If he's not listed, he can either say he is the father, and the court will decide the amount he is to pay or he can contest it, and get a paternity test.  If he doesn't show up to court for these hearings, a bench warrent will be put out for his arrest (they won't seek him out, but if he gets pulled over for speeding and there's a warrent, he will be arrested).  The judge will ask both of you to submit financial statements, and then determine how much he will pay (a percentage of his pay, usually no more than around 35%)  They could also order him to pay back support.  \n\nI'm not trying to say your son's father is a bad guy and deserves harassment.  I just want you to know the process.  I'm a firm believer in child support.  It takes two people to make a child, and two people to support it financially.  Right now, money may not be such a huge deal, but why take all of that on when you're already doing all of the parenting too?  What about your son's future?  What about college?  Perhaps having that extra money could mean moving to a better neighborhood with better schools.  Perhaps it means that you could afford to work fewer hours to spend more time with your son.  Think about the possibilities.\n\nAs far as him being irresponsible in other areas, if you're worried that he'll go after custody, most cases the child will stay with the primary caretaker (you).  They will review his behavior and decide if that's appropriate.  Same thing with visitation.  They will review his behavior and decide if it's appropriate.
437706
I'm not an attorney so the best person to ask would be to have a free consultation w/ an attorney you find in the yellow pages. But from my understanding you can revoke his visitation rights w/ a modification to the decree/order. If he tried for shared parenting later it all depends on the circumstances and the judge but it is possible.
993255
take him to court to, get full  custody ,and point out the:\n no support and no contact of several years and now sudden contact. and joint custody becaues you want to move and get married. the baby`s sperm donor is being spitful. and does not want you to have a life of your choice..you can provied a better life for your daughter..
260901
If you both live in the same state, you need to give your permission before he can take the kids out of state, and it should be in writing. If he takes your son out of state without your permission, contact your local police and advise them of the situation. It is not necessarily kidnapping unless he does not intend to return with your son when his time for visitation is over.\n\nYou really need to pose this question to your local police department. If the police won't help you, or answer the question, you need to talk to a lawyer in your area that deals with child custody issues.\n\n"Parental child abduction, in simple terms, is the permanent removal of a child from their place of habitual residence (the place where their life is established) by one parent, without the permission of the other parent. A common parental child abduction scenario involves a divorced parent who lost a child custody battle. Depending on the laws of the country the child has been taken from, this may or may not constitute a criminal offence. From the UK, to remove a child for a period of 28 days or more without the permission of the other parent (or person with parental responsibility), is a criminal offence.\n\nSerious problems can arise when parental abduction results in moving a child, with a parent, across an international border. The laws of the states are different, and a foreign child custody order may not be recognized.\n\nThe Hague Convention on the Civil Aspects of International Child Abduction is an international treaty and legal mechanism to recover children abducted to another country by one parent or family member. The United States signed this into law in 1988. Japan is the only G7 nation that has not signed this treaty into law."
533907
He won't get custody, don't worry about that.  But make sure you have a good lawyer, you don't want to go in there without legal representation.  Make sure he doesn't get any overnight visitation if you can.  The baby is 3 months old and shouldn't be away from you very long at all.  Supervised visitation would be your best bet, I would push for that since he does drugs.
1011518
you need to go back to court to re due the child visitation..you must have it in writing in court order super vice visits only no family and friends are to attend the visit ..make sure that you put it in paper work ..remember to look for the location near you that provides this kind of supervising don't use family or friend use a agency.. they have one in California called haven house the agency is for parents that use drugs or unable to be alone with child.  and used by the cps..always keep a Daley log book on your child of all expenses and things that happen in order to have proof of your accusation you  must prove him unfit to have monitor visit of drugs or any abuse ..police reports do help in this case..next time don't Waite to long file your abandonment paper work ...go to court let them know you have no address or phone number on him ....why is it that a father disappears and then comes back and won ts to be father of the year.....
480245
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?
264804
You need to contact social services and a lawyer that practices family law and custody cases. If she's wanting to take that child away from you and you still intend to act like a father and be responsible for that child, you need to get some legally binding paperwork stating that you have partial custody and visitation, and child support. \n\nI'm not a lawyer but if she takes that child across state lines without you agreeing to it, and not having made any sort of legal arrangements, it's kidnapping. This is very serious and you should contact someone for help with this immediately.
343951
You need to call a lawyer and get a custody agreement if you don't have one. His father can not keep him from you because he doesn't like you. \n\nJust remember, as you go through a custody battle, though you may be angry at his father, be civil, everything you do will affect your son as well, and you don't want to hurt him.
207023
I have never heard of anything like this before.  You need a lawyer.  The best case scenario is that you'll bring an action for visitation against whomever happens to have custody of him.  Otherwise, you'll probably have to sue the state.\n\nIf you are a minor, there should be free legal services able to represent you.  In any case, find a lawyer in your area now.
333543
call the courthouse in your area.\nlaws differ from state to state.\nyour son might GIVE you custody if you ask.
860563
I know someone already said it, but as the second person to respond:\n\nGet an attorney.  In fact, your present attorney in the visitation case might be able to provide advice about joint custody.  \n\nMeanwhile, cool off and don't write any nasty letters.  Use a favorable result for visitation to generate references with people who can testify in court that you are a good guy and that however nasty and hateful you may have been in 2004, you are perfectly amiable and cool-headed now.  And it isn't sufficient just to convince people the nastiness is gone.  You have to sincerely put the nastiness to rest and leave it there.\n\nAnd when you finally do receive visitation and joint custody, DO NOT try to use your time to turn your son against your Ex.  That isn't what visitation and custody are for.  Do not make your son a pawn in a game against your Ex.  That is cruel to the child, regardless of what satisfaction it may give you or your Ex.
373237
every state has different child custody laws. this is what mine are:  i moved from cali to texas when my daughter was 3 months old her father stayed in cali. the order was that i had full physical custody and joint legal custody which means i have her all the time but if anything happened, like god forbid and accident, he would have a say in the matter. now that she is 6 she has to see him at least twice a year for at least a week but that is with me there and we split the cost of airfare. alot can be done and you have a while before you have to worry about that.in my experience i have learned that most family courts are in favor of the mothers and a baby needs his/her mother the first year most. stay strong it will all work out. congratulations!
1074011
If you have legal custody then you probably do, provided there isn't a stipulation in the divorce decree saying you may not do so.  \n\nYour ex-spouse may naturally go to court and sue to stop you, though, especially if it represents a significant burden which would interfere with your custody and visitation arrangement (and the court may re-evaluate where the best home for the children is in light of the fact you are willing to take them away from their friends, their school, all their other loving relatives, etc).\n\nHowever, if the issue of custody is not settled, then not only should you not leave the state, but it's probably inadvisable for you to leave the CITY with your children, or even moving across the street, at least not without providing your ex with the exact whereabouts of the children (especially if you're permanently moving).  Simply leaving with the children can very easily be construed by the other parent, and law enforcement, as an attempt to unlawfully deprive a parent their rights to access to their children.  That's generally considered kidnapping in the United States, and would be a federal offense the instant you crossed a state border.  The Feds are VERY good about prosecuting for it, too.  It's not worth running the risk.
846279
You most definitely have a legal leg to stand on.  Your ex cannot use punishment as an excuse to deny visitation.\n\nIf your custody order is not a court order you need to contact the family court system and request arbitration.  this is a no-lawyer process but, as the end, generates an order of the court.\n\nIf your custody arrangement is a court order, you need to tell, not ask, your ex that you will be exercising your rights.  Every time you allow your ex to suspend your visitation is a time they can point to in court that you did not take advantage of your visitation schedule.
1144619
Sounds like a confusing situation you are in.  As for him, unless the court says you cannot be around during his visits she and he cant do anything, his visitation time is just that, his.  As long as he is around and wants you to be a part of his child's life and no Court has denied you being there, you can.  \n\nA court can deny you being there if you've got a bad record and she requests it directly though.... and the child doesnt stay overnight in your home, especially if you are trully married.  But honestly it doesnt happen that much.