What to do if my on’s father told me he was going on vacation to a different state and wants to bring our son with him?

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What to do if my on’s father told me he was going on vacation to a different state and wants to bring our son with him?

I just recently moved to my current state about a month ago and have a 9 month baby boy. His father and I are separated and he comes and gets him every 15 days; he takes our son Friday morning and brings him back Sunday night. I don’t want my child going all the way to a different state. What rights as the mother do I have to not let him take him that far and so long? Can I get a state order or what?

Asked on October 16, 2012 under Family Law, Iowa

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can petition the courts for an order to restrict his access and visitation with the child.  Your issue, however, is going to be "where to file" since you just moved to your new state.  You may not have met the residency requirements of your new state to file a custody suit.  As such, you may have to go to dad's state or your former state to file the suit. 

The success of your suit will depend on the judge that you have.  You have some good facts in that the child is such a young age.  If he has been proactive in taking care of the child for three days each weekend, then he will be able to argue that a couple of days more should not be an issue.  But in the end, it will depend on the judge and custody laws of the state that you file in. 


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