[Lilybeans]

Originally Posted by memoriesbre

Wow, what a mess this can be for her.

It will be a mess for her. Don't forget, though, that this is the result of her own decisions.

She had better make plans to stay in Florida the kid turns 18 or the father agrees to let her go.

[Strel]

Originally Posted by memoriesbre

Can a mom that isn't married to the father of her child leave the state? The child has the father's last name but the parents were never married.

Unless she is on probation why on Earth wouldn't she be able to leave the state? If you mean taking the child - it depends entirely on the custody arrangement the court has set up. Every custody order is different.

Names are irrelevant.

[memoriesbre]

Thanks guys!

[sunrico90]

Have you asked the local Child Support Services?

[Lilybeans]

Originally Posted by sunrico90

Have you asked the local Child Support Services?

They have nothing to do with this.

[Lindsey_Mcfarren]

I have a friend who divorced her husband, she wanted to move back to be near her family, in fact where she was from. The father didn't want this and was able to stop her from moving. I have heard this story alot here in Florida.

Of course, a deal might be made when the Father sees how much child support is ordered but there again, she would be better off seeking a child support order in another state. Here in Florida the court will take into consideration how much the MOther makes as well. For example, I lived in Texas when I had my daughter. It didn't matter how much I made or didn't made, they would take a set percentage right off the top, no matter how many kids he had later with someone else. They even went on to say that if he made ALOT of money as in the case of millionaires etc., they would take even more money because it was their opinion that the child should live in the same comfort as the Father.

Each state is different of course.
She needs to speak with a lawyer, I would think she should be able to find one she could speak with for a low fee or free to see what is involved.

[Lilybeans]

Originally Posted by Lindsey_Mcfarren

I have a friend who divorced her husband, she wanted to move back to be near her family, in fact where she was from. The father didn't want this and was able to stop her from moving. I have heard this story alot here in Florida.

I can guarantee that this is not true. Your friend could have moved anytime she wanted.

What the law says is that the child has a right to frequent and continuing contact with both parents.

Your friend could move today if she wanted. What she can't do is take the child. Since she doesn't want to move without the child, she stays here. That's fair. If she doesn't want to be away from the kid, why should she expect the father to be away from the kid?

[Lindsey_Mcfarren]

Originally Posted by Lilybeans

I can guarantee that this is not true. Your friend could have moved anytime she wanted.

What the law says is that the child has a right to frequent and continuing contact with both parents.

Your friend could move today if she wanted. What she can't do is take the child. Since she doesn't want to move without the child, she stays here. That's fair. If she doesn't want to be away from the kid, why should she expect the father to be away from the kid?

Her husband got a court order saying she could not leave the state with the child.

Why should she expect the Father to be away from the kid? He didn't want her to begin with and was abusive to her during their marriage and stalked her for a year after the divorce. The daughter wants to go back to court to tell the judge that she doesn't want to go and see her Father anymore.

[Lilybeans]

Originally Posted by Lindsey_Mcfarren

Her husband got a court order saying she could not leave the state with the child.

Why should she expect the Father to be away from the kid? He didn't want her to begin with and was abusive to her during their marriage and stalked her for a year after the divorce. The daughter wants to go back to court to tell the judge that she doesn't want to go and see her Father anymore.

"with the child." Exactly.

[Ten]

Originally Posted by Lindsey_Mcfarren

The daughter wants to go back to court to tell the judge that she doesn't want to go and see her Father anymore.

Provided the child is deemed of adequate age and maturity. This is a fundamental concept.

Secondly, universally, children do better with both parents. Statistically, jointly-parented children fare far, far better in all aspects of juvenile performance when both parents are present, even including when one is difficult and uncooperative.

Lastly, in general, it isn't wise to underestimate parental alienation, where a custodial parent has tainted the view of the child of the other parent.

In sum, the court may likely rule on all these factors, even though family court is widely known to be sexist and unconstitutional. Even as a custodial parent, I have zero trust in it. When it comes to observing personal rights and seeing to the bona fide best interest of the child, it is instead financially motivated.

For an objective, researched, scholarly analysis of the problem of family court and how it's molded an increasingly dependent, fractured, anti-child, single-parented society, review Taken Into Custody.