Can my ex move to another state with our daughter? We have joint legal and physical custody of our daughter.?

Question

We live in California but she wants to move to Nevada. We have joint custody (both legal and physical), can she just leave? And if we go to court, will the court let her? Whats the point of joint custody if she can just get up and leave?

Answer 1

I don't think she can leave if you both have custody. I could be wrong, be I'm pretty sure she'd need your permission. Talk to your lawyer.

Answer 2

See if there is a way to compromise with her on the situation. Figure out a way she can move but still have you in the picture often in your daughter's life. Your daughter could stay with you a year, then with her Mom a year. Or you could fly her to you once a month to visit, have her holidays and in the summer. Then reverse it the next year with your ex-wife taking over the less frequent schedule.
If the ex won't agree to any of these, then you will have to go to court and have a judge decide the matter. It is great to see a Dad who is so involved and wanting to be a regular part of his child's life. I commend you.
Best of luck

Answer 3

Depending on the states laws it can be up to her if she is over 14, but he can not just up and leave with her without your permission or taking it to court. But I would talk to your daughter, see if this is what she really wants, explain all the pros and cons of the move and just really explain to her how much you love her and want to be with her, maybe she will understand what a big change this is and let her really think about it but if push comes to shove take control, go to court and don't let him move your little girl away!

Answer 4

i'm not sure what the laws are in your state but in mine even if you have joint custody someone is awarded primary custody..if thats the case in your state theres nothing you can do except come to a visitation agreement..theres no law that can dictate where a person can live so it sounds like your going to have another day in court...hope all works out for you

Answer 5

If your ex has primary physical custody she pretty much has right to decide where they live, providing that it doesn't deny you access to your daughter.

Since your ex is talking about moving out of state the first thing you need to be doing is talking to a lawyer. You might also want to consider a restraining order to prevent her from moving beyond a certain distance (if that's possible).

Answer 6

yes she can, unless you have it written in your divorce that she can not, which would have also meant that you could not either. if you had a lawyer who didn't think of that to put in your final decree you should get a refund. it is not fair by any stretch, but custody issues seldom are. if you could prove it was simply out of spite you might have a shot of stopping it. you can also file for an amendment of visitation prior to her departure which she will have to sign or she can't leave, put that as a stipulation, and you can make your proposed amendment so difficult for her to meet that she may not go. you can ask her to pay the transportation costs for one week a month and the entire summer and all holidays and so on...this may discourage her and again, she can't leave till you can both agree on the amendment to visitation..so file quickly and maybe get a new lawyer who is adept at family law. hurry up though, at least get something in writing to her soon....good luck. that stinks.

Answer 7

In my papers (Kansas) it was stated that neither parent could move out of state without consent of the other parent. The parent moving would have to provide 30 day notice. The matter could be taken to court but the parent wanting to leave state would have to have a very good reason for the judge to approve it. Unfortunately it would be up to a judge.

Answer 8

You need to call your lawyer...get the right advice...

Answer 9

no!!!!