I wrote a letter of intent to move and sent it certified now instead of filing because he has stipulations to allow it he replied with a letter. Am I still allowed to move because he didn't file with the courts? His stipulations are that the child support gets lowered and that I have to sign off on his $10,000 he owes in back child support.
Depends on what your papers say and what the placement schedule is. If he is past the formal time limits to object, then yes. If that time hasn't passed then no. He needs to request a court date for the court to determine whether it is appropriate to allow you to move. If he has equal placement courts are less likely to allow the move. If he is only seeing the child occasionally, the court is unlikely to not allow you to move.
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.
If he did not notify you in writing within 15 days after receiving your certified letter (which is the proper way to provide notice), then you can move. Even if he did, the court will not look too kindly on financial blackmail in response to your request to move. You should consult with an attorney in your area to discuss the facts and make sure you are complying with the law on this issue.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline