Fathers’ Rights When Mom Wants to Move

I represent a non-custodial father with a three year old son. He has visitation every other weekend. The mother wants to move away and she will be six hours driving time from the father. What can he do? What does his fathers’ rights allow?

First, we tried to talk to the mother to see if something could be worked out with her. We sent letters and called. She did not respond.

Now we are forced to file a petition to modify custody and change it to Dad. How will the court decide?

Relocation cases are basically custody cases. The court has already decided custody once. Now it has to decide again. The standard is what is in the best interests of the child. So the court will look at the custody issues to decide if the child is better off here with the father or away from here with the mother.

2 replies
  1. James J. Gross
    James J. Gross says:

    The judge left custody with the mom and rearranged the visitation schedule so there were longer periods with each parent.

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