I'm just curious. If you have joint custody with your ex husband like I do can you move away? He only gets her every other weekend and picks her up from school and brings her home anyway but I wanted to move back to my hometown in Florida at the beginning of next year. Would I be allowed to do this without his consent? Since I know he isn't going to give it.
2007-11-13 08:38:37 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
You're going to have to get his consent - and for the sake of your daughter I hope he doesn't give it and fights you tooth and nail.
Your daughter deserves the love and interaction with BOTH parents. Besides you have JOINT not full custody - you don't get to make random decisions about your child without him.
2007-11-13 08:42:10 · answer #1 · answered by Susie D 6 · 2⤊ 0⤋
No. Most court orders require that when parents have joint custody, it is not "in the best interest" of the child to separate from the "non-custodial" parent.
However, the are many factors taken into consideration: the child's age, the child's bond with the parent, the distance involved, the parent's plan for continued contact, etc.
Be prepared to provide compelling evidence of your need to move. Also be prepared for a denial and/or a change of custody if you insist.
Hope this helps.
2007-11-13 08:44:29 · answer #2 · answered by ken erestu 6 · 0⤊ 0⤋
first of all this is a question you really need to be asking a lawyer, not a bunch of folks on yahoo with too much time on your hands. laws differ greatly from state to state, so a correct answer in massachusetts may land you in jail in georgia etc etc. however in most states you will have to go before a judge to get permission to move, and to get this permission you must show a way that guarentees the other parent will still have the ordered visitation, without incurring further financial hardship. (i.e if he used to drive 10 miles to pick her up, and you want to move a thousand miles away, you may have to pay the tab for his airfare and hotels twice a month) it all can get very complicated and hostile if not handled right. so call a lawyer. and if you can't afford a lawyer and are not eligible for legal aid of any sort, then chances are you won't be able to pay for the contingincies a judge will order, in order to allow you to move anyways.
2007-11-13 08:51:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
With Joint custody you nee dhis consent and he seems to be pretty involved with her life so I dont think he will give it to you. If you take her to Florida without his consent you will go to jail. What state do you live in now? If it's not too far he might think about it but there isnt anything worse than taking a child from a father that wants to be in thier lives.
2007-11-13 08:42:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Most states have a 100 mile radius limit on where you can move to.. so no you can't just up and move with out a court order allowing you to. If you are absolutely wanting to move you have a choice, either give custody to the father and come back and visit when you can or talk to him and see if he would allow you to pay for transportation for her to come back and visit at specified intervals.
2007-11-13 09:13:33 · answer #5 · answered by Al 1 · 0⤊ 0⤋
Is this in your custody agreement? If not, I would suggest you take the initiative to get a court order granting you the ability to move so that you won't get dragged into court by him. It will cost you less in the long run. It can't look like retribution or it won't be granted. Let him know what you are doing and offer generous times for her to go to his house during holidays and summer to make up for it.
2007-11-13 08:42:33 · answer #6 · answered by Anna P 7 · 0⤊ 0⤋
It depends on what the custody agreement says but frequently it does say the residential parent can't move without notification. If you go to the court and say- my family is there, my support system is there and I have a job offer, they might let you move.
But what will that do to your kids and their relationship with their dad?
2007-11-13 08:47:15 · answer #7 · answered by LB 6 · 0⤊ 0⤋
It depends on what your custody agreement says. He could go to court and stop the move, apply for custody, get the custody agreement changed, or force you to pay to get her back and forth to him on his appointed times. Check with the courts or your lawyer first.
2007-11-13 08:43:24 · answer #8 · answered by psycmikev 6 · 0⤊ 0⤋
you are leaving state lines so NO you cannot unless it is arrange some how and agreed by him. IF he is not an abusive dad why would you take her away from her father?? She might resent you for doing that to her father.Consult a lawyer for sure.
IF you do this without proper authorization it could be considered kidnapping and he could have you put in jail. so dont try to sneek around and get yourself put away.
2007-11-13 08:42:47 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You two have to go before the judge. The father can say he doesn't want his kid to move. They will look at what's best for the child. Good Luck
2007-11-13 08:42:17 · answer #10 · answered by Anonymous · 1⤊ 0⤋