My cousin lives in Virginia, and the only reason she moved there was because of her now ex husband. She has physical custody of their daughter, but they have joint legal custody. She wants to move back to South Carolina, but he's telling her that she can't. Does she need his permission to move out of state? If so, how can she go about changing that?
2007-01-20 02:31:25 · 15 answers · asked by Candice F 3 in Family & Relationships ➔ Marriage & Divorce
If it was agreed on their separation / custody agreement that the child should remain in Virginia than she would have to bring it back to court and try to convince the court why it would be in the child's best interest to live in South Carolina . If she just leaves breaking a court order she might be charged with parental kidnapping or it would look bad in future court hearings.
2007-01-20 02:37:22 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Most judges nowadays realize that the custodial parent may want to move, and don't have a real problem with it. It all depends, of course, on what the child custody/visitation judgment says. If it says she cannot move (or can only move "x" number of miles away), then she'll need to appeal the original judgment.
Hopefully, she is moving for a good reason? Kids need both parents to thrive, and unless Dad is dangerous or a derelict, she will be adversely affecting her child's life by moving.
2007-01-20 02:45:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Actually in some situations yes she needs consent to move out of the state, she will have to prove to the judge that she has 'necessary' reasons to move away.. something that is dire to the rasing of her child.. if she has a decent paying job, and is already in a decent place to live and is managing to survive fine although she is homesick.. then the judge will say its in the childs best interest for him to have his father in his life on a regular bases and can very well make her stay in that state untill the child is of legal age.. it protects the rights of the father and child to be able to have a real relationship ..
So shes going to need to come up with reasons that will be in the best interst of the child.. extremely good paying job waiting for her (she'll have to show proof) , She has no help financially with babysitting and needs family support system ..ect.. but if she has nothing she can prove.. shes stuck..
2007-01-20 02:40:36 · answer #3 · answered by brwneyedgrl 7 · 0⤊ 0⤋
she can move if she wish she has physical custody the child go where ever she go joint legal custody mean what is best for the child you may want to go to the court or call the to check to make sure because if your ex is visit your child that the problem but if he not visit then you are good to go good luck
2007-01-20 03:10:18 · answer #4 · answered by nightman122554 4 · 0⤊ 0⤋
If they were married before and he has joint legal then yes she needs his permission to move a certain distance away.
The only way to change it is to go in front of a judge and plead her case on why taking the child to another state would be best.
2007-01-20 03:34:01 · answer #5 · answered by LC 5 · 0⤊ 0⤋
Any address change must be given to the courts
Legal papers MUST have agreement signed by Judge to allow child to live out of state even out of area
Then the parent that moved away Must facilitate visitation for the other parent at the parent who moved aways expense
2007-01-20 02:39:23 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That's correct. But the Jude can grant permission if she can prove that it's in the best interest of the child (like to be around family, or to provide for the child better). She could strike a deal with her ex regarding child support to make it work.
2007-01-20 02:39:18 · answer #7 · answered by GoodGuy53 5 · 0⤊ 0⤋
I don't believe she can move without court modification of the divorce decree. She would need to provide compelling reasons for her and/or the children's wellbeing that would override the father's right to visitation and the children's rights/needs to see their father. If the court does decide the move is ok, they will also likely impose a cost sharing scheme for periodic travel by the father or children (air fare, hotel, rental car, etc.).
2007-01-20 02:37:25 · answer #8 · answered by mattzcoz 5 · 1⤊ 0⤋
No she do not! She can move anywhere in the damn US OF A and he can't do anything about it. She just have to let her daughter get time spent with him as joint custody should be. He gets her in the summer, she get her through out the year. If she's not sure she should consult a lawyer for free.
2007-01-20 02:36:18 · answer #9 · answered by A S H M O E =] 2 · 0⤊ 2⤋
More than likely in most states you need the courts permission. Look in your divorce papers, call the court, or talk to an attorney they can always get you headed in the direction you need
2007-01-20 03:37:45 · answer #10 · answered by Alapooh 2 · 0⤊ 0⤋