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Can I move out of state with my child?
I am divorced and would like to move out of Kentucky to another state. Can I do this? My divorce was filed and granted in Kentucky. I was given primary custody of my 2 year old son. I am now engaged and my fiance and I would like to move to another state and I need to know if there is anything my ex husband could do to stop me from doing so?
I have mentioned moving before to the state that my mother lives in and my ex told me he would like to see me go ahead and try. I don't know if this is just another of his attempts to keep me around here or if there actually is something he could do to stop it or get me in trouble legally for taking my son.
5 Answers
- 1 decade ago
Hmmm, usually the worst he could do is file for a temporary/emergency 'stay' so that you couldn't take couldn't move out of the state without going before the judge to be 'approved'. You do have to take into consideration the visitation though. If/when you/your ex go back to court to amend the visitation schedule for an out-of-state arrangement you'll probably have to let your son go for longer periods of time, maybe even two weeks or a month at a time, since your ex is 'denied' typical visitation due to your increased distance apart.
Hope this helps, good luck to you!
- CarbonDatedLv 71 decade ago
It usually says in the custody agreement. If it does not, yes, he can get an injunction to prevent you from leaving with the child as it interferes with his visitation.
My cousin's gf tried to move to another state with his son. Same reason. The fiance got a job elsewhere. However, the custody agreement specifically said she couldn't leave the county with him, so when she filed for an adjustment, the judge gave her a choice. Give custody of the child to his father and go ahead and move OR stay. Unless your particular area has severe unemployment, I can't see a judge saying, sure fine, go ahead. You aren't even married to this other guy. A judge isn't going to view shacking up as a viable, long term relationship.
- 1 decade ago
Check your paperwork. Unless it states you must remain in the state, you don't have to (just do the right thing and inform him). Also, try to get proof of your ex's threats. That man may be looking at supervised visitation for a while. Congrats on your engagement.
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- 1 decade ago
in my expierence you can move HOWEVER, since he has visitation he will keep his same visitation schedule and he can request you be responsible for ALL travel expenses for him and your child, if he request this he will most likely be granted that request, subsuquently if you can not afford to pay for all his travel to see his child during his scheduled visitation times then he can file a request that the case be revisited to due parental alienation, and he can challenge you for custody. It's a mess.. think it out carefully. I wish you the best of luck.
Source(s): been there, done that.
