What do I need to do when the mother of my son is trying to move him across the country?

UPDATED: Sep 29, 2022

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What do I need to do when the mother of my son is trying to move him across the country?

He does live with me and has done so for over a year now with my girlfriend and I. We have a stable home a great school and amazing relationship, he’s made leaps and bounds from when he lived with his mother. He also doesn’t want to go to her house every time she asks for him on the weekends which only ever because of a family function, not because she wants him there. He failed kindergarten while he lived with her because he did not get any help or attention with his work. Her ex-husband and her plan to move to Florida within the next year for a job he applied for and got. So they are trying to convince my son to move there by telling him how great it will be.

Asked on August 11, 2015 under Family Law, Arizona


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

Answered 7 years ago | Contributor

Unfortunately, this is not an unusual situation in family law.  A negligent parent often tries to move the child away from the other parent so they can continue without the risk of the other parent viewing their negligent parenting style.

If you don't have court orders currently in place, then you need to file for custody now and request that you be appointed the main conservator for your son.  If you already have a custody order, you need to file now to seek main conservatorship before she moves.  You have some good facts in your favor and many courts now favor geographic restrictions to insure frequent access by both parents.

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