Can a father who has joint custody with the mother stop her from moving to another state with child Before they go to court?

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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 )
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Do you have a right to move the child overseas if you have joint custody with father and you have primary physical custody?

No. A minor cannot be removed from the jurisdiction in which the custody was awarded, without the permission of the other parent and the Family Court. In FL our lawyer told us it is the other parents permission OR that of the family court. But that both are not necessary to move with the child. A (MORE)

Can you move to another country with your child if you have primary joint custody?

The term "primary joint custody" is contradictory. Primary (or sole) custody means one parent has full rights of decision as to the care of the child, including education, medical treatment, etc. Joint custody means parents share equal rights in major decisions such as moving the child to another st (MORE)

Does the mother of a child in joint custody have the right to take her out of state without asking the father?

Answer . Absolutely NOT! If you find that you need to move out of state, you need to file a motion to amend your settlement agreement with regards to custody issues. Most likely you will have to pay for the father's attorney's fees in order to do this and the courts do not have to allow you to mo (MORE)

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 mother to move out of state with the minor children or grant him full or primary physical custody rights.\n. \nPlease be advise (MORE)

Can my mother stop me from leaving state with my son if we have joint custody the father is not in the picture?

Multiple possibilities... . This is a poorly worded question, so I will have to answer it in a few scenarios.\n. \nIf you are a minor in your state (anywhere from 14-17 dependant on state) your mother still has control over you - so yes she can stop you. This is true no matter what.\n. \nOR - (MORE)

If there is no court order for custody and the father has physical custody how can the mother get physical custody of the child?

In the United States both parents have equal rights to thechild if they are married and not divorced and there is nocourt order. Generally, if the parents are unmarried the mother has sole custodyand control in most states until the father can establish hispaternity. Remember, a child's mother c (MORE)

If mother re marrys and has residential custody but also has joint custody with the father can she move out of state with the children to reside with new spouse?

Not without the permission of the court and/or the father. If the court allows it over the objections of the court, the following orders should be applied. . Long Distance Visitation . The highest rates of denial of court ordered visitation takes place when it involves long distance visitation (MORE)

With no joint custody can a mother move her child out of state?

Although the practices may vary from state to state. Generally, if there is a divorce or custody order that court has jurisdiction over the child and the parent cannot remove the child from the state so as to affect the other parent's access . The non-custodial parent may consent if their visitat (MORE)

Can the father stop the single mother from moving out of state with his child in Ct.?

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 conside (MORE)

If Father has joint custody and the mother wants to move out of state is she allowed to leave with the child when father doesn't agree?

Once a court acquires jurisdiction over a family through a divorce proceeding, it retains jurisdiction over the minor children. If the father objected to the removal of the child there would be a hearing and the court would hear evidence. It may not allow the removal of the child from the state. The (MORE)

Can a father with joint custody not tell the mother of the child where he is living?

No. The mother has the right to know where the child is when she's not in her possession. In fact, the court would require it. What if something happened to the father while the child was with him? It would not be in the child's best interest for the father to be able to keep his whereabouts secret (MORE)

Can the mother go to the father and get her child if there isnt a court order saying who has custody?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the bi (MORE)

Can a mother move to another state and take the child without telling the unmarried father?

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 fathe (MORE)

If the mother of my child wants to move to another state what law says my child has to go with her since there is a shared custody agreement in place?

You should consult with your attorney as soon as possible. If you have a court ordered shared custody agreement which states that the child will spend certain time with you, your ex-wife cannot just pack up and move your child out of state. Generally, once a court approves a shared custody agreement (MORE)

Can an unmarried father keep the mother from moving out of state before the child is born?

Of course not. At least in the United States, you cannot take that kind of control over another person's body. You will have to wait until the child is born and try to exert your parental rights at that time. Of course not. At least in the United States, you cannot take that kind of control over an (MORE)

Can a mother with joint custody move with children to another state without fathers consent?

That would be something that would have to be decided by a court. Depending on the circumstances surrounding the move, it may or may not be granted. If the mother has a compelling reason to move, the request may be granted, however the onus would be on the mother to retain their joint custodial righ (MORE)

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, th (MORE)

Mother shares joint custody but is gone for two weeks on vacation. The father let her know three months before that he will not take the child on her days. Can she be held in contempt of court?

A person can be held in contempt of court if they refuse to obey a court order , not if they refuse to obey the other parent. You need to review your court order. You haven't mentioned the provisions that are not being obeyed. The answer depends on factors such as the visitation schedule, whethe (MORE)

Can a father stop a mother from moving to another state with child no custody has been given?

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 reg (MORE)

In Florida can an unwed mother move out of state with her child if there is no custodial court order regarding the biological father?

An unwed mother is, in all U.S. states legally presumed to hold sole physical and legal custody of a minor child until such time a court rules otherwise. That being the case, she can relocate if there is not a custodial order in place that prevents such action. It would be wise, however on the par (MORE)

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 (MORE)

Can you child custody case be moved to another state due to parent working for court?

Generally, it could not be moved to another state since the case must be heard in the court that has jurisdiction. It may be assigned to a judge who is not regularly seated at that court. There may be other options. You need to consult with an attorney who can hear all the details, evaluate your sit (MORE)

You were never married never been to court and have shared custody of your child. Can the mother of your child move to another state without your permission?

Yes. An unmarried mother has sole custody of her child until the father establishes his paternity legally and then petitions for custodial rights. Once the father has established his parental rights legally, the mother cannot move to another state without his consent and/or the court's permission (MORE)