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?
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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 13 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.
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