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

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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 move. If possible, work out the negotiations between yourselves and have a court mediator make the changes, to save on legal fees. There will be issues regarding visitation (you will probably have to pay at least half of the cost, if not all for transportation of your minor child to travel back and forth between your residences) and reasonable parenting time must be set up for the father. ANSWER However, if the mother is only taking the child on a very temporary vacation, she should simply try to avoid any interference with visitation. The mother should let the father know where they will be or how to reach them in case of a family emergency.
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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)

If there is not a court order for sole custody of a child and the mother is behind in child support can the father take the child out of the US without permission from the mother or the court?

\n. \n Answer \n. \nObtaining a passport for a minor in the US requires both parents. You'd would have to get a court order giving you custody.\n. \n. \n. \n. \n More Conributor Opinions \n. \n . Being granted sole legal custody does not necessarily mean the custodial parent can re (MORE)

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 inte (MORE)

Does a father with joint custody have the legal right to tell the mother and stepfather who is a cop not to take his 10-year-old son hunting?

Answer . Yes.. A parent who has joint custody has equal rights to make decisions concerning the welfare of a minor child.. The issue of the stepfather being a law officer is irrelevant. Stepparents regardless of their official position have no legal authority to make decisions concerning a ch (MORE)

If you have joint custody of your son can his mother take him out of state to live?

Answer . Generally speaking, the answer is NO.. It does depend on several factors - including where you live and the rules that govern your area.. In many places the parent wanting to move will have to have shown a history of maintaining the current orders (no fighting/ no breaches). They nee (MORE)

Can a father take a child and keep it from the mother when no one has custody?

No. A father has no superior automatic rights to custody in the United States. If the parents are married they each have an equal right to the child until a court has issued a custody order. Generally, if the parents are unmarried the mother has sole custody and control in most states until the f (MORE)

Can a mother who has joint custody take a child out of the country without written permission from the father?

If you and your husband have a good understanding of what is best for your child and you are only going out of the country for a short time, then a letter of approval would be great from your ex. It is always best to go through a lawyer and be sure because if you don't get along with your husband on (MORE)

If the mother of a child has sole custody and the father has visitation rights can she give the child away to someone else besides the father without the fathers consent?

No she can't. If her ex is a good man and a good father when he has visitation rights then she has no right to tear the child away from him. He can fight it in a court of law. Before one acts out of haste they should consider the child and what their feelings are. They may not understand the total i (MORE)

If you have joint custody can one parent take the child out of state?

United States Generally no, not permanently nor long term. That parent cannot interfere with the parental rights of the other parent which include the visitation schedule. They need to return to court and request a modification of the existing orders. It depends on the circumstances and the case (MORE)

Can a mother take a child out of state without the father knowing?

It depends on marital status, whether there are any outstandingcourt orders, and if not married whether the father everestablished his paternity. It is a complicated situation. Even ifthe father has not established his paternity he could request arestraining order to prevent the mother from leaving (MORE)

How can the father get joint custody of his child?

By petitioning the court to give joint custody to the parents. In most state, Joint Legal Custody is the standard. If you mean Joint Physical Custody, with 50/50 Custody, this is more complicated, requiring preparation similar to petitioning for full custody.

Can a father take physical custody of a child if the mother is a minor in the state of California?

If you are the mother your parents have an overall say, if they say it is best for him to take the child then it will be done. However if you are the father think for a minute, is the child better with the mother & grandparents or with you, also are you going to take care of a baby full time, if (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)

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 a father with sole custody of a child move out of NY state with that child without biological mother approval?

The father must provide at least 60 days notice to the mother to give her time to contest the move. Courts prefer to keep the children accessible to the parents. If the father doesn't provide notice it will not go well for him if there is a related court action later. The mother can file an injuncti (MORE)

Can a father take child out of state without mothers consent?

Provided it is just for a trio or vacation, and not a permanent move, then possibly yes. In other circumstances no. It depends a lot on marital status, legal custody, and any existing court orders. Consulting a lawyer would be a great idea to find out the legalities for your specific situation.

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)

Can a grandmother who has legal custody of a child give custody to the mother without notifying the father?

No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter. No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to (MORE)

Does the father have same right as mother over child custody?

If you are married, yes. 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 (MORE)

Does a father have the right to take full custody of a child if the mother is terminally ill and the step father is providing all the care?

That is up to a court to decide. The father cannot take that action on his own. He need to petition for full custody. However, if the child has been in a stable and loving home, and well cared for, the court is not likely to terminate the mother's custody at this terrible time unless it can be prove (MORE)

Can an unmarried mother with full custody take her child out of state without the father's permission?

Child custody laws are different in every state, so it depends on that as well. You could just type in "child custody laws in _ state_ " and you should have no problem finding it. You would have to review your custody agreement or order if there is one. If the father has visitation rights you can (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)

If the mother nelgects the child and the father was not found unfit to take care of the child can the state give custody of the child to the grandmother without the consent from the father?

The court may award custody to whomever they feel would act in the best interests of the child and that does not have to be a biological parent. If you do not agree with that decision, you do have the right to appeal, but appellate guidelines move quickly and in addition, you would need to provide c (MORE)

Can the mother request a restraining order against the father if they have joint custody of the child?

Whether or not a mother is granted a restraining order is up to the judge who hears the testimony about the situation that led to the mother requesting the restraining order. If the situation is serious enough the restraining order may be granted and the visitation and custody orders can be modifi (MORE)

Does a father have the same legal rights to a child if neither has custody in Louisiana and the mother took the child to another state?

No. If you are not married the mother have custody automatically since birth. The only way for the father to get it is by proving paternity in court and he can then petition for custody, visitation and pay child support. Until then he can not stop her and the child form leaving. If you are marrie (MORE)