Can my ex stop me from leaving the state if i have soul custody?
Ok, My Ex boyfriend and i have a 5 year old together. Last year we went through a custody battle. Now in the state of arizona i automatically had custody prior to the courts ruling that because we were never married. He has known for the last 3 years of my intention to move to Oklahoma with my now Fiance'. Even during the court trial he stated that he was fine with me moving to oklahoma. Now all of a sudden today i told him my move was imminent. As required by arizona state law i gave him 60 days notice. Now he thinks he all of a sudden has a problem with me leaving the state even though he told the judge that he had no problems with it. Now since i have soul custody can he actually appeal my move and keep me from leaving? As i would not actually be interferring in his custody only his visitation which i will gladly work out with him before the move and have it on file at the courts. The A.R.S. did not state weather his appeal could only apply to joint custody scenario's so...
Answers:
It depends on what kind of court action he files. If he files any. He's probably just threatening you. He could file an Order to Show Cause, why you shouldn't be allowed to leave, specifically pertaining to the custody agreement. He would have to state a valid claim that somehow this would affect his visitation. Then he would also have to seek in an injunction and a judge would have to grant it, basically court ordering you not to leave the state. Or he could try to fight for custody again and bring up bogus claims which would inevitably have to keep you around Arizona to properly fight it. If he doesn't file anything then you're home free. Don't worry, the police won't get involved unless there's kidnapping, but if he gets to see his kids when he's allowed according to the custody agreement, then that shouldn't be an issue.
Try posting your question in "Law & Ethics" for a chance at a better answer. Good luck!
He cannot stop you because you have the custody of your "soul" and no one can take your soul except the devil, and then you have to have done something that God will not forgive.
im pretty sure if you have sole custody you can leave but i also think that a judge will let you since he seems to be changing his mind but i would call a lawyer good luck
no, when you got soul custody nothing can stop you
It would seem that if he has been actually using his visitation rights and seeing his child that there would be a problem for you taking the child out of state. By doing so, you are taking the child away from its father.
I think you mean sole custody, and in any case, if the father of the baby wants to stop the move, with the help of a lawyer, he may be able to. I would consult a lawyer before you move, because otherwise he may be able to have you charged with kidnapping, though since you have sole custody, I dont know...
he can try to reschedule a court date and make a appeal against the move, but most likely it will be disregarded and as long as you are sure to work out visitation rights with him before the leave you are already in the safe zone
Yes he can.
He has visitation. He has a right to see his kid. You say right here that you're moving will interfere with that.
He has every right to petition to stop your move.
You cannot relocate out of state with a minor child without the non-custodials approval - in writing - notarized.
He is the father of the child and has complete access to it.. The child has the right to know his father.
It makes no difference what was verbalized.it must be a legal, notarized document signed by the father.
You may have "sole" custody - but you are only one of TWO parents.
i think you suck for moving away from him. kids need to know their dads and moms.
He can attempt to fight it. That's why you are required to give 60 days notice, to give the non custodial parent time to get into court. It's possible that unless you can show just cause for moving (better job would be one) the judge may side with him. Children have the right to be near both of their parents and most states protect this right fiercely
Also, if you are the one to move you will probably be the one that has to pay for airfare for all visits, he will will most likely get the majority of the summer, Christmas break, and Easter break.
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