In most cases, yes.
The parent with sole custody must however inform the court that issued the custodial order and the non custodial parent before the move.
The non custodial parent will be given the opportunity to contest the move if he or she so chooses.
In most cases a move out of country is done without the other parent knowing. If this happens there are organizations that can help you get your child back. COntact the Red Cross for information if needed.
That depends on whether the other parent has visitation rights. If so, you cannot remove the child without court approval.
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 visitation needs are taken into consideration. The parent who desires to move must request permission from the court and the court will hear objections.
In some cases one parent has sole legal and physical custody but the other parent has visitation rights. If the other parent has any parental rights such as visitations, the custodial parent cannot move the child without permission from the court. The other parent's rights are important and if they object to the move the court will render a decision based on the best interest of the child. You should consult with an attorney who specializes in custody issues.
The parent cannot move without consent if the non-custodial parent has visitation rights. The custodial parent needs the consent of the NC parent or if that's not forthcoming the consent of the court that has jurisdiction.
No. They need the consent of the other parent or the court if the other parent objects. The court will review the situation and issue a ruling in the best interest of the child. One parent cannot interfere with the rights of the other parent..
Only if the parent has sole custody or has an order from the court allowing the action.
depends on the paperwork if you have any. i have sole custody but i still need to track down the non-custodial parent for permission to move more then 150 miles away.
No, as the signature of both parents are required for the passport.
No, it can be considered contempt of court.
no
No
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.
When you have joint legal custody you need file a motion to get permission from the judge to move out of state. Judges will look at this request very seriously and the other parent will argue with the judge as to why the child shouldn't leave the state. Be prepared to have solid reasons as to why you should move out of state with the child and how will you cooperate with the other parent regarding visitation and etc. You need to be responsible adult and work with the other parent since they are a half of a parent just like you. And you wouldn't want the other half to do the same with you if its not right. Proceed to motion if you truly have a solid reason to take the child out of state otherwise if you lose the motion than the other parent can use that against you now and later to apply for full custody of the child making you look bad in front of the judge. We deal with a lot of cases where one parent just wants to leave the state and we have to fight tooth and nail to stop it. :)
Not without permission of the judge/court where the custodial order was issued.
Only the state can.
No, and you would be breaking a ton of laws as you have to get custody rights first, and have the other parent either stripped of their rights or they have denounced their rights. Otherwise, a judge is definitely going to send you to jail for kidnapping and will just as likely deny any appeal for custody.
You may since sole custody implies the child lives with that parent 100% of the time. With joint custody the child may dwell with the other parent for part of the time or with one parent all of the time with visitations for the other parent. It depends on the details and the state child support guidelines.
Only with permission from the other parent and the court.
Yes, this could happen.
That is dependent of custody orders, but even without, the other parent could file an injunction.
No. The parent who does not have custody have to apply for visitation in court.
In the state of Louisiana, it is possible for a parent, withut a lawyer, to file a motion for temporary custody while the other parent is in possession of the child and refusing visitation.
If you have joint custody, you cannot move out of the state with the child without the other parent's consent. Even if you have sole legal custody you cannot interfere with the other parent's visitation rights by moving. The visitation order must be modified. Absent the consent of the other parent, you need the permission of the court.
yes because you have full custtosy
That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval.
There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.
No. You cannot move out of state without notifying the court. The other parent can file an injunction preventing your removing the children from the jurisdiction of the court and if youare not the parent with temporary custody then you could be arrested.