What are a non-custodial father’s rights regarding an out of state move?

UPDATED: Aug 8, 2011

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What are a non-custodial father’s rights regarding an out of state move?

Father who is non-custodial parent, was told by the mother that she wants to move to out of state. Now right before school starts she left to go on vacation. Father has tried to contact mother to talk to son numerous times but she won’t let him. School enrollment is now over and school starts next week and mother still isn’t back. What if anything can be done. Father has received papers for mother wanting to move out of state and father counter filed opposing her move. Can’t something be done about child not being enrolled in school, and mother not letting father talk to child?

Asked on August 8, 2011 Indiana


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

Answered 11 years ago | Contributor

Listen, seek help from an attorney.  If your ex wife took your son out of state and is not letting him have contact with you it is tantamount to kidnapping as far as I am concerned.  Without reading your divorce agreement or the court order to see if the matter was addressed it is difficult to give any guidance here.  Was there anything in the agreement that stated that you could only move within a certain radius like 50 miles?  I am assuming here that your wife has sole physical custody of your so but you share joint custody of him as to all other decisions. SO that is why what she has done is so terrible.  Please seek help from your lawyer to find her and bring him home.  Good luck. 

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