can my wife move my 10 year old daughter out of new york state and go to south carolina we have joint custady?

Question

we have joint custady of our 10 and 12 year old daughters for 8 years now she is moving my 10 year old from new york state to south carolina because thats where her boy friend wants to go. my 12 year old is with me and does not want to move. she has fisicaly asualted me infront of both our daughters I never filed anything against her for fear it will make my daughters mad at me. now she is trying anything she can think of to stop all contack with my 10 year old including deleting any email I send my daughter and only letting her talk to me on the phone when she is on the other phone. please help with advice asap she is planing on doing this next month Jan. of 2009

thank you all very much you have all been very helpful I will be going to file for sole custady tommarow or to stop her from leaving New york untill it is setteled here in new york i think i have to file at the probation department and I have been told that they will let me know the best way to handle this either sole custady or just stop her from moving. Her only reason for leaving is to go with her boy friend all her family is here in New york. But again Thank you all so very much you are a great bunch of people

Answer 1

Lead the police to their crack house

Answer 2

You mean 2008 don't you? Anyway it sounds like you are desperate and I don't blame you. If your daughter doesn't want to go then see a lawyer and he can tell you anything that you need to know. Sometimes you can get a free 1 hour consultation with a lawyer that can explain almost everything regarding this problem and then you can decide what you want to do about it. But do look in your phone book directory under attorneys or lawyers and alot of times their ads say "free consultation". Thats what you want unless money is no problem for you. Don't just let your ex do that with the kids. That is wrong.

Answer 3

This is sticky because it all boils down to the terms of your custody agreement. If she moves you are still entitled to the visitation rights expressed in your agreement. I would suggest going back to court and redefining the terms of your agreement. I know you don't want to hurt your children, but it seems like this is gonna hurt them more; I suggest you file police reports for these incidents because in court stories don't hold up, evidence does.

I am not a lawyer, but I know a little about how these things work and what's in writing is what counts...follow the Custody Agreement...

Hope this helps.

Answer 4

In my state, she would have to have permission from the courts to move out of state. I don't know about your state. You need to try calling the local police department and see if they can give you information, then try calling a family law attorney that is listed in the phone book as giving free consultations and ask them.

Answer 5

In most cases, she will need your permission to move the child out of state. In certain cases, the court will allow her to move without your permission, but that will usually only be in cases where she is moving back with her family in another state, her job is forcing ehr to move, or she has remarried and the husband has to move for his work. If she is just going to be with her boyfriend, I can't see the cour depriving you of your right to parent your daughter.

You should immediately file a court action to stop the move. While you are at it, you need to get a restraining order preventing her from lisitening in to your conversations with your daughter and deleting your e-mails to her. She is not allowed to interfere with your relationship with your daughter like that. You might even want to file for custody of the 10 year old, based on her mother wanting to move out of state and her trying to alienate you from your daughter.

Answer 6

Before she moves,if new york is like other states she has to file request for moving.I f she moves and doesn't she could be in contempt of court,and parental kidnapping.If i were you i would get a lawyer and file for emergency custody,and possible child endangerment.If you have joint custody,and she moves she is interferring with parental visits and could be found in contempt of court.

Answer 7

No she can without your permission. You can put a court order on her stoping her from leaving. Speak to a solicitor who deals with children case. Solicitors that work on a childrens panel are the best because there the best in what thay do. If she also decided she was going without your permission you can call the police and have her stoped aswell.

Answer 8

you haev to look into the laws of your state. I know here in MN it is illegal to take the child across state lines without both parents permission, but then it is also hard to enforce such laws. The cops don;t like to get involved till after the child is gone and then it could be too late. Be careful as when she does move the child then falls under the other states laws.

Answer 9

In Illinois, absolutely not. You must take this to court immediately. Check the internet for the website of your local courthouse. They usually post faq on what you need to do to accomplish getting this into court without the help of a lawyer.

Answer 10

Get in touch with a lawyer or a family court judge right away.
Laws are different in all 50 states. You have the right to share in your daughter's life.

Answer 11

Talk to your lawyer. I thought that with joint custody you needed permission of the other person. But I am sure that depends upon the state you are in.

Keep all evidence that you have as to recordings and email.