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

Answers:

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. 


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