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She wants to move to Pennsylvania from Arizona. Can she leave with their child.

2006-12-08 15:55:26 · 18 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

18 answers

Yes she can. I have full custody of my daughter who is now 13. I divorced her father got full physical custody of her 12 yrs ago. I moved 2600 miles away. A person can not be forced by the courts to maintain residence in a certain state. Your custody order will have to be revised so that you can perhaps get the child longer for summer, christmas and such. Same deal with my husband, his ex moved 7 hours out of state with their child though he drives it every other weekend to see the little girl. The only thing the court can order in cases like this is that the parents inform eachother of their address and their desire to relocate.

2006-12-08 16:06:51 · answer #1 · answered by texas_angel_wattitude 6 · 0 2

Don’t depend on people on here for legal advice, because very often the answers given on here are incorrect and/or incomplete. You need to speak with an attorney.

These laws vary by state. I don’t know the laws on this in PA but even if they don’t require that you notify the non-custodial parent and/or obtain court approval for the move (and many states do require that), Dad can still take you to court over this and contest the move. The court will look at many factors, including whether the move would improve the lives of the CHILDREN (not necessarily YOURS) in some manner. The court cannot order YOU to remain in a certain state, but they can order than the CHILDREN cannot be moved out of the state. Be aware that even if the court gives you permission to move, it’s very likely that they will require that you cover the entire cost of transporting the children back and forth for visitation, because you created the distance.

Talk to an attorney before you do anything.

2006-12-08 16:30:04 · answer #2 · answered by kp 7 · 0 0

I think that depends on the ruling of each state and or country as I know that a relation of mine had full custody, but still had to have the other parents permission for the child to leave the state. There must be a government dept or even someone versed in law in your area that could advise on the ruling in your area. Maybe even a family law lawyer.

2006-12-08 15:59:52 · answer #3 · answered by Anonymous · 0 0

Yes, if the mother has full custody of the child then she can. If the mother and the father have joined custody then they have to go to court and figure it out there.

2006-12-08 16:07:55 · answer #4 · answered by Anonymous · 0 0

If the Mother is Granted full custody yes she can. If you have visitation rights though I would talk to a lawyer and see what you can arrange to be able to see the child(children).

2006-12-08 15:59:47 · answer #5 · answered by I wanna dance naked in the rain! 2 · 0 0

I am sorry but yes she can take the child with her since she has full custody. Talk to her about this, obviously shes doing this to get farther away from you. So that you will hardly see the child.

2006-12-08 15:59:41 · answer #6 · answered by ~*Jenny*~ 4 · 0 0

Yes she can if she gets total custody. But if the X-Husband gets visitation rights the X-Wife Can't Leave State for long-term. But she can go with her child on vaction. But if she wants she can.

2006-12-08 16:02:43 · answer #7 · answered by xpseth 2 · 0 1

depends on the state law. Each state will be different. In louisiana you must notify the other parent in writing at least 30 days before you "intend" to move.

2006-12-08 16:02:05 · answer #8 · answered by REd 2 · 0 0

she can but if the father has vesations like every other weekend they will schage to like he will get the child every summer or rotate with the fateher a year and then the mother a year but if its like for the summer you will have ta meet half way or you will have ta pick the child up ajust like if he wants the child he will have ta pick the child up or or bothe parents will have to go half on air fare

2006-12-08 16:06:36 · answer #9 · answered by Jeannie T 3 · 0 0

The court decree details a lot on what can be done. What does it say specifically?

2006-12-08 16:00:19 · answer #10 · answered by Anonymous · 1 1

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