Can a father stop a mother from moving to another state with the child?
If they have joint custody.. Yes he can
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Can a mother take a child and move to another state without telling the father if they are divorced?
Generally, no. If the mother has full legal and physical custody ofthat child she can move with that child unless the father has visitation rights . She must comply with the c…ustody andvisitation schedule set by the court with jurisdiction.
Is it considered fraud for a mother to follow a father to another state in order to place him on child support and then move away?
Answer . \nNo, but it is not necessary for a parent to take such action either. All states honor child support orders, therefore a parent may file the action in their state… of residency and the order will be valid and can be enforced in any other state. A parent who does not voluntarily adhere to a court order for child support is subject to legal remedies much the same as any debtor with the exception that normal due process of a lawsuit is not needed. The non-complying parent can be subjected to wage garnishment, bank account levy, seizure and sale of property and so forth. State exemptions for personal and real property are not applicable when the issue is child support or in some cases spousal maintenance (alimony). A parent who does not comply with such an order can also be held in contempt of a court and other penalties resulting in loss of property, fines and the possibility of a jail sentence.
Can a father who has joint custody with the mother stop her from moving to another state after they go to court?
Answer . \nIf there are not stipulations in the custodial order relating to the change of residence of either parent, the father can request the court to not allow the mot…her to move out of state with the minor children or grant him full or primary physical custody rights.\n. \nPlease be advised, if the move is for good cause, such as a job transfer then it is unlikely the court will agree to block the move.
Can a father who has joint custody with the mother stop her from moving to another state with child Before they go to court?
Moving . In most situations, a custodial parent must notify the court of an intended out of state move, as it affects the non custodial parent's visitation rights. At that …time, the non custodial parent can present evidence as to why they feel that moving the child is not in the child's best interest and petition for a change of custodial rights. The judge may or may not agree, but, will make a decision and change the order for visitation and support as needed. Pending this court action, the non custodial parent can petition the court for a stay or restraining order informing the custodial parent that it is unlawful to remove the child from their state of residence until a decision can be reached. I warn you against using the child as leverage to plot some sort of revenge against your spouse. The Judge can see through these attempts and any kind of leverage that you may have had in splitting travel expenses, or extending visitation periods will be lost. On the other hand, if you can provide a stable home environment for the child and nothing else needs to be changed, such as what school they are attending and if moved the custodial parent will not have a stable home or income, then you may be able to stop it. The court does not care what is best for you, only what is best for the child.. In short, yes, you can file for the court to stop the child from moving out of state until the case can be heard. ( your local state laws may differ though so contact a lawyer )
Can a mother who is a minor move with her 9 mos old child to another state with her parent without her child's fathers consent who is also a minor?
Answer . If you are a minor you pretty much have to go with your parent if they move. You don't need permission from your child's father, although he might get angry and t…ry to take you to court over it.
Does a mother have rights to move to another state and not inform the illegal father for the child whereabouts?
well he is illegal so he has no legal rights , therefore any charges that he tries to impose on you will not stick as he is illegal.
If the father is on the birth certificate you cannot move out of state without going to court. If you do it will be considered kid napping. I know because this happened to my …brother a few months ago and the mother lost all her rights to the child.
As the mother has left he child and moved to another state, the entire custody will be given to the father. And the mother will have no voice.
The mother would need the permission of the court to move the child out of state. You should be notified of the request and will be given an opportunity for your objections to… be heard by the court. The court will render a decision that focuses on the best interest of the child. It will also consider your objections. Just make certain you show up for the hearing.
She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court. She c…ould if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court. She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court. She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court.
Yes, if he has visitation rights or shared custody, she will need his consent.
That depends on state law where the child legally resides and the custody/visitation order that is in place. You need to provide more information to get an informed opinion.
Can the father be awarded custody if the mother leaves the child with the grandparent while she moves to another state with her boyfriend?
Yes however the law is complicated and may vary depending on where you live. In all states, the child isn't considered abandoned until a certain period of time has passed. In …addition, if the grandparent has been assigned or awarded legal guardianship of the child, whether temporary or permanent, the onus would be on the father to pursue custody in court and be prepared to present a convincing case that would be in the best interests of the child to live with him rather than the grandparent. This is a perfect reason why it is important to have a custody agreement hammered out and legalized. It's much easier to decide custody issues and make amendments if either parent fails to uphold their side of the bargain. Otherwise, it often will involve a legal battle, sometimes protracted and sometimes expensive, to obtain custody. You should contact a lawyer specializing in family law in your state of residence for advice.
That depends on the law in your state of residence. Generally, the mother (if the couple is unmarried) has presumptive custody if no custody agreement has been hammered out… in court. However, the father always has the option to petition for a custody agreement at any time including provisions regarding moving across state lines or to a location where visitation would present a hardship. If the parents are married, they generally are automatically considered to have joint and equal custody of a child until a custody order is in place. It is always in the best interests of the child for the parents to come to an acceptable agreement over these issues and have them legalized to prevent the child becoming a pawn in a game of tug-of-war between the parents.
Can the father of a child stop the mother from moving out of state if they were never married in the state of indiana?
Yes it could happen. If the father's name is on the birth certificate or parentage has been established after the fact in a court of law, the father does have rights including… preventing the mother from moving away if such a move would cause an undue hardship to the father's rights of visitation or illegally void any legal custody agreement . However, if the father has never visited the child, provided support or otherwise been an active participant in the child's life, the court may allow the mother to move. You need to contact an attorney with expertise in Indiana family law for information specific to your situation.
Can a father who has joint custody with the mother stop her from visiting another state with the child?
Generally, a parent can take the child for a visit to another state unless there is a court order that prohibits it. For example, lots of people travel across state lines to t…ake a vacation at the seashore during summer vacation. If the parent who objects has a serious issue they would need to take it before a judge.
Sure, what if the woman had an intinerant or ( Gad-About) type job such as an airline stewardess or something like that. Perhaps this was the reason that the commercial Lines …tried to Bar, legally pregnant women from the airways. ( one can imagine jokes about Bomb Scares!- bad for business).