Can I move with my 6 yr old 50 miles away if we have joint custody?

Question

My ex and I have been divorced for 2 years, seperated for 4. We have a 6 year old daughter. We currently have joint custody, I am the primary residential parent. We had in our papers that the other parent could not move more than 50 miles away without the other parent agreeing. There is no child support, I waived that since we share custody. I am wanting to move 52 miles away back to where I am from. She will still be able to be with her father on the same days he has her now, she just wont be able to spend the night except on the weekends. Can I move? What can he do? Will he have to get a lawyer to fight me? Can they do anything to me?....please help?

Answer 1

My strategy for you would be in two stages:

(1). Tell your ex husband that you intend to move 52 miles away, and get him to sign a stipulation. You may have to offer to share the driving or make arrangements to hand off the child at some mid-point between both locations. Hold that as a negotiation chip.

(2) If the ex husband gives you a hassle about it, you will have to go before the court to get a modification order. I think the probability of getting a modification will be good. No judge is going to quibble over two miles -- it is a "deminimis" difference.

Answer 2

It is clear from your post that your decree prohibits moving more than 50 miles away, but is it from your current (or another specified) location or just that distance away from the other parent? (Check that out - it may give you a few miles of leeway.) Regardless, 52 miles is not unreasonable in light of the 50-mile limit. Give your ex a chance to say no before you rush to a fight. If he says no, there is an alternative. You can petition the court and let the court decide. More than likely, if you are moving for a valid reason (e.g., you need to be closer to your job or extended family for some compelling reason) and not merely to irritate your ex, the court will likely rule in your favor. The court will be able to weed through any bitterness or unreasonableness in your ex's refusal and you will get to move without running afoul of your decree. Likewise, if you're moving to irritate your ex, the court will pick up on that, too. Most of the time, though, a little positive, friendly communication with an ex will go a long way to avoid court. Good luck!

Answer 3

Sigh. There's no need to check anything. The decree is clear: 50 miles. It doesn't say "52 miles, if it's in the same state").

The age of child, age of the divorce, length of separation, the issue of child support and nights with Dad all have nothing to do with this.

Yes, "they" can do something to you when you violate the court's order. Among other things, it's called (in Texas) interference with the parental relationship. Whether it amounts to kidnapping is beyond my ability to answer. I don't give legal advice online, and you shouldn't be asking for it from people that don't know what they're talking about.

That said, in absence of your ex's consent, you stay put.

EDIT: Even if I'm on good and speaking terms with my ex, I don't agree to let you move my child even farther away, or reduce the time I get to spend with her.

Answer 4

It relies upon on your state. a very good kind of the time they only say that the baby is between the organic and organic mothers and dads. the tale with regard to the step son became probably a baby accompanied by using a pair, then the couple became divorced and the "step father" remarried. I even have heard of that, yet i don't understand some organic and organic son and a step mom. i think of if between the father and mom has custody then it incredibly is as much as them. If there is not any blood relative then this is as much as the kinfolk looking after the baby on the time. seek for suggestion from an attourney approximately that. they might understand a thank you to pass approximately getting custody or if this is even achievable. EDIT: i think of he might might desire to sign over the rights to you, and that i doubt that he might try this as long as you're no longer in his existence. yet in any different case to pass approximately it would be to allow the baby come to a variety for himself. If he's sufficiently previous, then he can. In California the baby ought to be a minimum of 13 years of age to make the call, or perhaps then the choose gets the final say interior the problem. If there's a mom parent in his existence in any respect (baby help, visitation, shared custody, and so forth.) then there is far less of a raffle of you getting any visitation in any respect, no longer to point custody. My aunt went interior the direction of the comparable factor with a baby, and he or she became an in depth relative. She basically wasn't close adequate to maintain the baby. The choose advised her that they supply custody in accordance to who needs it ranging from the closest blood relative to the least. And, like between the persons above me mentioned, the father and mom ought to call it harassment and get a restraining order, or a citizen's arrest on you.

Answer 5

You've ansered your own question. The other parent cannot
move more than 50 miles without the other parent agreeing....
so if you are still on friendly terms, I can't imagine why anyone
would oppose.....good luck

He can revisit the courts for 100% custody and win....

Answer 6

Since it is in your papers you must have his consent or take him to court for the right to move. If you do this without his consent he could take you to court for violation of the custody order.

Answer 7

If it's in your agreement not to move more than fifty miles then you can't move more then fifty miles. he absolutely can get a lawyer to force the issue.

Answer 8

What does your divorce decree say, most likly if your staying in the same state your fine. Id ck first.

Answer 9

i doubt it, it seems like that would be a bit far to move for the courts to just say okay.