Can my son’s father prevent me from moving to another state with our son?

I have a 2 year old son with my ex, never married. We share joint legal and physical custody but I am the custodial parent. I am now engaged to someone in the Navy and after getting married would have to move to out of state where he will be stationed. Can my ex stop us from moving with my son? Will the court be likely to approve this move?

Asked on September 14, 2012 under Family Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I think that considering the circumstances a court would consider allowing you to move to be with your husband in the place in which he is stationed.  But yes, the Father of your son can indeed object because the move would be an interference with his cusotidal rights as a parent and his visitation.  Consider working out a new agreement wheer he will have him for longer periods and vacations to compensate and approach him with the idea.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.