You have to have permission from the courts. I had to get permission just to move an hour away.

If he doesn't have money for a lawyer utilize tools on the Internet. I filed a lot of my paperwork myself. Also sometimes family courts will offer free legal assistance on a first come basis and on specific days. At least mine did. They didn't represent you but helped in filling your paperwork or with any questions. You might be able to find some helplines as well or get some questions answered through a paralegal. I feel really bad for him. My ex had little to do with my dd until I wanted to leave. The courts allowed me to go but I have to pay half for all travel expenses for visitations. Which sucks since he pays zero child support. So if he is a participating father I can't imagine the courts allowing a drastic move. Good luck!

My situation (even though I have sole custody) I have to give 30 day notice to my sons father of a move more then 60 miles and it has to be ok'd by our judge. My grandma has a friend who's grand daughter up and moved with their kid ( the dad supposively had nothing to do with baby ) and mom moved for a job and she still lost custody to the father ... I'm sure it all depends on what state you live in.

Thank you! I gave him the name and number of a highly recommended lawyer but I'm sure they cost tons, and they already struggle as it is because of how high child support is.

I just feel really bad for them. His ex purposely got pregnant (I know it takes two) by stopping her BC, then broke up with my brother before she even told him. She hoped he was just a paycheck and didn't want anything to do with the child but he did. He is a very good father, so very loving and caring. It's hard to watch him go through this. Their daughter is just his world.

Ex parte motion is a motion heard without the other party present.

An emergency motion usually has the other party present, it's just heard on an expedited basis.

My husband's ex gave fake notice to him. In our state you must serve notice on the other parent of your intent to move and the parent has 15 days to contest. She filed an affidavit saying she had served my husband, but she actually never did (for the last 3 years she had and my husband contested it every single time -she's unstable, but the Court would not award us primary custody bc the kid had younger siblings that they considered - didn't want to tear them apart). This time she avoided a fight in Court by simply never serving him notice and perjuring herself by filing a fake affidavit saying she did. My husband found out when he went to pick up his kid for our weekend. We have no address and don't know their whereabouts. It's sad, guess the Court should be happy that they didn't tear the kid up from his siblings, but unknowingly did from his father.

I'm sorry for your situation. Every state is different, your brother should consult an attorney. And be ready with lots of $$$ to contest.

The document pp is referring to is an Ex-parte motion. Meaning its a motion needing to be heard ASAP.

Thank you!

Tell him to go to court and file a motion to contest the move. They should have "emergency" motions as well so you can see a judge much quicker. however I forgot what they are called. I moved to another state with my dd. before I left I had to get permission from the court.

Ok. Any other info you could give me would be great. My brother's ex just told him she is moving out of state in 2 weeks. My brother and SIL are just besides themselves. They are so upset. Apparently his ex lied to her lawyer saying my brother gave consent even though he never did.

It depends on your current orders. Most will order that both parents stay within contiguous counties. If there is no clause stating such, then you can move wherever u wish. But should notify the court of your address. And of course the other parent.

I think most people would call it kidnapping. ..

I'm thinking the father could file kidnapping charges if you move with his child without his knowledge/consent.

So what happens if you do it anyway without consent? Could you be arrested, lose custody, or just have to go to court and sort it out?

No, signed permission.

No

In California you can't... the other parent must give written consent. (Gf of mine is currently going through this)