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Ladydi39 - Common Law she wants to move with child

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  • Ladydi39 - Common Law she wants to move with child

    Ladydi39 wrote :
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    My son was in a common law relationship for 8 years and they have a 4 year old child together. They are living together right now until the separation agreement is done. She works in a bar at night. She has now come home and told my son that she is moving in with some guy in one week so hurry and get the agreement done.

    What rights does my son have since he doesn't know this guy and does not want his daughter with some creep?

    Can he stop her from moving?
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    You should have started your own thread rather then start a new topic onto someone else’s thread.
    Nevertheless, he has no right to dictate where the mother lives and with whom she chooses to reside. It would seem obvious that she would move out eventually.
    To give a weeks notice is nasty.
    I am guessing that there is no agreement or order for custody.
    If the agreement has been initiated then I would ask for it to be heard on an emergency bases.
    Alternately, void a custody agreement and in light of the fact that the status quo generally prevails, if I were him I would seek an emergency hearing to set custody and if the mother's conduct with respect to the best interests of the child are questionable and can be substantiated, then he can ask for custody or split/joint custody.

    The child obviously would do well to not have to move to a new home.
    If mom wanted to move relatively far from dad, then he could request that there be a stay on her move until the issue of custody is resolved. He may even have a chance to stay the move with the child until the issue of custody is resolved if he can show that it would be in the best interest of the child. That way mom can go off and do what she chooses without jeopardizing the stability of the child.
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