Can Grandparents Stop Me From Moving?
I really need some advice and i would appreciate it if anyone could give me some words of wisdom! Ok, 4 years ago I had a daughter with a guy that wanted nothing to do with her and when his parents found out about her, they took me to court for grandparents rights. My daughter's grandmother was very controlling and interfering and the judge granted the visitation, but warned her that she was not the parent and that she was to watch herself. Well, the father does pay support most of the time out of his paychecks, but does not contact me or my daughter, but will see her if his parents can get him to come over when they have her. He has since defaulted on the new order of child support increase and will be moving out of state with his new wife. My daughter is treated great by her grandparents and they are also very good to me. The problem is, is that I have met a wonderful man that I am going to marry and he has a job offer in another state. I am petrified of the fact that the grandparents could stop me from having the amazing life I have always wanted and my daughter loves my boyfriend and she would be just fine without her grandparents being around all the time. I have an older son and I would NEVER seperate them and I feel that I am the mother and I need to do what is right for my family. I live in North Dakota and I am having trouble getting any answers at all, and this is seriously weighing on my shoulders!!! Any advice? Thank you!!!
Re: Can Grandparents Stop Me From Moving?
In terms of moving, the following statute governs whether or not you need a court order:
Quote:
Quoting North Dakota Statutes, Sec. 14-09-07. Residence of child.
A parent entitled to the custody of a child may not
change the residence of the child to another state except upon order of the court or with the consent of the noncustodial parent, if the noncustodial parent has been given visitation rights by the decree. A court order is not required if the noncustodial parent:
1. Has not exercised visitation rights for a period of one year; or
2. Has moved to another state and is more than fifty miles [80.47 kilometers] from the
residence of the custodial parent.
However, as there is an existing grandparents visitation order, even if you don't need court permission under that statute I would suggest playing it safe by bringing a motion before the custody court seeking permission to move and asking that the visitation order be modified to reflect the new circumstances, particularly given that the grandparents visititation statute (Sec. 14-09-05.1) provides that they can go back to court to seek its enforcement. As it seems likely that the grandparents will have a lawyer, it is sensible to retain your own lawyer for the proceeding.
Your lawyer may be able to negotiate a resolution to the problem that doesn't involve going to court, or suggest another approach to resolving the potential dispute.
Re: Can Grandparents Stop Me From Moving?
If the grandparents are good to you and the child you need to try and maintain that relationship. Talk to them frankly about the move and what can be done so they can still be involved. An extended visit in the summer or on a holiday perhaps. I agree with requesting approval from the court but they are less likely to contest if you have already come to an agreement. The court will side with you anyway so it will just cause conflict if they do contest.