Need legal advice, family law + custody...?

Dad doesn’t have to compromise. He has every right to say NO. You can go to court and ask for approval to move your child out of state. You will have to convince a judge that it’s in your CHILD’s best interest to move and that it’s a significant enough reason to override Dad’s wishes. How is you wanting to be closer to your boyfriend in your child’s best interest? It’s not. That’s in YOUR best interest.

We can't give "legal advice," on Yahoo Answers (and I wouldn't trust it either) but here are some preliminary thoughts.

Custody and physical care revolve on the "best interest of the child." So when you go to court, you have to show why this move would be in the best interest of the child, at the detriment of her seeing her father. You'll have to talk about family stability, potential economic outcomes, etc.

There have been cases in which a parent is not allowed to move out of state to get a much better job, because, overall, the move would not be in the best interests of the child. Your situation woudl be very dependent upon the specific facts of your case, the amenability of the judge, and the arguments of counsel. Since this will likely be contested, you'll probably need an attorney (who can do some case research to show precedent supporting your position). But don't be surprised if the Court says that merely moving to be close to a boyfriend (in the military, which means he's likely to move even more) is not in the best interests of the child.

Good luck.

Residence change of custodial parents is a common problem in family courts. State laws vary somewhat, but in general unless the custody agreement says otherwise; then unless the parents agree to a change, the custodial/residential parent must petition the court for modification of the final judgment to allow the change in residence. The petition must allege a good reason to change the residence; such as an employment transfer; a substantially better job; re-marriage; medical necessity, or the like.

I can tell you from years of experience that just wanting to be near your new boyfriend isn't gonna cut it. Especially if he's in the military & likely subject to further transfers.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Listen...

You may not like to hear this, but when you made the decision to marry, get knocked up and then have a baby, all while obviously not being sure of your circumstances with regard to stability, honor, love, and abiding by your word to be with this person until death did you part, then you deserve everything you get! Simple.

He has rights, whether you like it or not. And personally, I feel sorry for your daughter that you'd be willing to move away, reducing your daughters opportunity to be with her natural father!

I pray for you, your daughter, and your decisions!

you are wanting to uproot your daughter from her home and her father for your "boyfriend", don't u think that is being a little selfish and it also seems like maybe u are trying to hurt her father. the court is going to ask y u have to move and if its because of a boyfriend then i wouldn't count on it.

In your divorce there was a paper about moving out of state. Look back at your paper work and read it. I believe you can and he will have to go by what the judge says.

Sorry honey, but your ex husband has all the rights in the world. What if the shoe was on the other foot. What would you say to him?

Please contact me, I can provide you access to an Attorney/Law Firm in your State. I will be able to save you time and money. This will get you access to your Legal Rights, 24hours a day. I hope to be of service to you and yours.

Sincerely,

Jon