SRS Child Custody moving out of state

Discussion in 'On Topic' started by ADyingDevotion, Jan 14, 2008.

  1. ADyingDevotion

    ADyingDevotion New Member

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    Just curious if we have any lawyers or law knowing people on OT but ill throw this out.

    My wife and I got married almost a year ago, she went home to california, (from North Carolina) to have out second child and be with her family for a bit to get help with the newborn, I am in the military so I cant be around all the time. Well now she wants to come back home, but while she was in california it was established that the child was not mine but another mans. He now has partial legal custody.

    Do you believe the court would not allow her to come back home to North Carolina just so he could have his visitation? I dont think they would split up my family like that but you never know, also its not an option for me to transfer over there so I am stuck here and not able to do much.

    Also anyone know how long it would take the court to respond to something of that nature, I tried searching on google but couldnt find the answer I was looking for.
     
  2. Esby

    Esby New Member

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    If the dad is in California, your wife will have to stay there. Being granted the right to move out of state is very rare, and if the dad is involved with the child then it is almost impossible.

    The court will look out for the interests of the child, and only cares about that - not what is convenient for the parent. The child's best interests are to be in a place where they can see both of their parents - even if that means causing a hardship on you.

    I know all about this, as my ex-wife tried to move my son a few states away when we divorced and I had to fight her on it to keep her here. Let me ask you this; Is is fair for the dad to have his child so far away from him? If you were in the dad's shoes, would you be agreeable with your child living so far away?

    It's your wife's fault that she is in this situation. She shouldn't have had a child through an affair. Now that she has, she needs to live with the consequences. Sorry it is effecting you this way though - recovering from being cheated on is hard enough, let alone creating a distance like this on top of it. Good luck.
     
  3. Black Baby Jesus

    Black Baby Jesus OT Supporter

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    She can move wherever the fuck she wants.

    However, if he petitions for custody and she moved the child away, there is a very real chance he will get custody.
     
  4. ADyingDevotion

    ADyingDevotion New Member

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    She hooked up with the guy before we got married (we were seperated at the time), I knew about it before hand and this guy wanted nothing to do with the child, so I decided I would raise her the wife and I already had a son together he is 2 now. Well as soon as the baby girl was born the father wanted to be involved I think it would be in the best interest of the child to grow up in a stable environment not going from home to home. The father showed he wanted nothing to do with this child till he saw her.

    If they dont let her come back they will only be hurting this baby girl as well as my son, I just dont see it making any sense. But I guess I will have to wait and see what is going to happen.
     
  5. Black Baby Jesus

    Black Baby Jesus OT Supporter

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    Keep this in mind.

    They almost always side with the woman, unless she is a royal fuck-up.
     
  6. ADyingDevotion

    ADyingDevotion New Member

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    Yea thats what I always thought. :x:
     

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