If my girlfriend and I get married, can she move 7 hours away to be with me if she has a son with a father who sees the child and pays child support?

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If my girlfriend and I get married, can she move 7 hours away to be with me if she has a son with a father who sees the child and pays child support?

I have a complex legal question for you regarding being in the military, getting married, and child custody. Basically my girlfriend and I want to get married but she has a 7 month old son and I’m in the military and cannot leave where I’m stationed (roughly 7 hours from where she lives). What I need to know is is that will she and her son be able to move up here and live with me if we get married? The father does pay child support and sees the child about 1 time a week if that. What are some of the potential things that could happen if we were to get married?

Asked on March 6, 2011 under Family Law, Florida

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 13 years ago | Contributor

No one can stop your girlfriend from moving. However, the father of the child can object to his child being moved if he does not agree with mom relocating his son. Whether mom will be able to move the child away from his father depends on the specifics of the case (what type of visitation father has, how much visitation he exercises, whether it is in the best interest of the child to be moved and various other items). There are no guarantees that she will be able to move the child to live with you.


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