If I got a job 70 miles away and plan on moving with my son, what (if anything) can his father do to prevent this?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I got a job 70 miles away and plan on moving with my son, what (if anything) can his father do to prevent this?

My 3 year-old son’s father and I have been split up for more than a year now. We do not have a court order on visitation because we have tried to work it out amongst ourselves. We settled on me having him the majority of the time and him getting every other weekend. However there have been times that he has gone weeks without seeing him. Also, there have been incidents where I had to call the police because of him coming to my house threatening me. One of those times he had a gun and was taken to the hospital for evaluation. I was wondering what he could do to stop me from moving away?

Asked on November 26, 2010 under Family Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is no court order in effect, then there really isn't anything that your son's father can do to prevent your move.  That is until such time as he may decide to go to court to obtain formal visitation rights.  This could mean that you would have to move closer to him.  However, this is doubtful, if your move is based on the fact that you want to pursue a job and not just to get away from him, as well as the fact that you will be residing only be 70 miles away (and I assume still in-state).  He could also try to obtain custody, although based on the facts presented it is highly unlikely that would happen.

Your best bet, is to go to court first and obtain legal custody.  At that point, a court scheduled visitation plan will be set-up.  This can be to your benefit.  Right now you should consult directly with a family law attorney in your area.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption