Does the mother of a child in joint custody have the right to take her out of state without asking the father?
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…NSWER In NZ i had a similar experience where i wanted to leave for Australia and in order to do so i had to apply to the family court for an order of removal of child and in order for the family court to grant my application i had to have the other parents approval or a valid reason for wanting to move that was in the best interests of the child ie for financial reasons health etc and i also had to grant regular access to the father which did result in split costs of his airfare to Aussie to see his child. The only way around this is if you and the biological parent where not married or living together before or after the birth of your child, this would make him a non guardian and therefore not entitled to a say in the child's life and for that reason you could contest the joint custody. you? (MORE)
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 custody andvisitation schedule set by the court with jurisdiction.
Does the father have any custodial rights in Texas if the mother has custody but the child lives with the grandparents?
Do you have a court order saying you have visitation? Are you the biological father? If so then YES. Go back to court and file for custody.
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…move a minor child from the US. \n . \nIf the court grants sole custody to one parent and visitation rights to the non custodial parent permission to take the \nchild out of US would need to be granted by the court. The matter might be the jurisdiction of a state or federal court\ndepending upon the resident or citizenship status of the parents. (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…rest 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 ) (MORE)
If a father has the right to joint custody but mother will now allow visits what can the father do if he is paying child support on a regular basis?
Answer . \nGo to the "Clerk of Court" office in your city and ask them how to file a complaint with the court. You can probably handle it yourself without hiring an attourny
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…ild who is not biologically theirs or whom they have not legally adopted. (MORE)
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…d to provide the parent staying with equal or MORE time than they are currently getting.. They will need to be responsible for all travel for the children between their parents.. It's a difficult question to comment on, but the simple answer is that if you have current joint custody orders she will need your consent to move.. Failing that she will have to apply to the court and they will most likely rule on issues like the ones listed above. (MORE)
Answer . In the US any person can represent themselves in court unless a judge rules otherwise (for instance the person is certified incompetent).. Contact the office of the clerk of the family court in the county in which the custodial suit is to be filed for information on the fees and the pro…cedures. (MORE)
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…ather 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 birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child if the mother retains custody. . (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… the custody issues presently enacted and you do leave the country your husband has a lot of power to take you to court and gain full custody of your child. Taking a child (even your own) out of the country is considered kidnapping if the other parent has any parental rights! It's the judge that made the decision on the custody basis and it should be the judge that gives the OK on you leaving the country with your child. You always want to protect yourself against any reprisals from your ex. Say you had to go away to see family (emergency) and would be in another State or Country for a month or two. If you don't go through the proper process your ex could file contempt or kidnapping charges against you. Since you have joint custody and he has a court order to see and have the child you are making it impossible for the court order to work if you take the child to another country so you therefor need his permission. Upon arriving in a foreign country, the Immigration officials will ask for written proof that BOTH parents consent to the child being removed from the USA. No proof, you are on the next plane back to the USA. And if your child happens to have a different surname than yourself, even a travel consent letter of the other parent could be questioned. This could turn very nasty and bitter really quickly. Get the Father's permission first, before doing anything. It would make everything much easier in the future. Just something to think about. Answer No. The advice is the same for either a mother or father traveling alone with a child. If you are traveling alone with your child you should be aware that concerns about parental abductions has made border officials more vigilant when they find a child traveling alone with one parent. You should be prepared to produce documentation such as a letter of authorization or travel consent signed by the other parent. In some countries you may not be asked for it. In others, you will be detained until your authorization can be reviewed by officials. The child may even be questioned about the other parent. You should also note that you may have trouble re-entering the country of origin. In the US a passport application requires the signatures, or a notarized permission letter, of both parents to take a minor child out of the country. You should consult an attorney to have the proper documentation prepared. (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…ssue, but they do know who their mother and father are and that's all they need to know. The two of you should put the child first and each other second. These are only reasons why the father should no longer have further contact with his child: . Sexual abuse . Not turning up when he is suppose to take the child or visit the child leaving the child feeling alone and depressed . The father hangs around with a bad gang or bad friends . If the father does drugs and can't be clean enough when he comes to visit his child. . If the father is an alcoholic and can't come to visit the child when sober I agree with the above but want to add that if you for some reason do not want your child then you should not have sole custody. Just because you do not want her does not mean you should be so ignorantly spiteful and selfish as to keep her from the father - give her to the father then you won't have the issue of having her anymore. You should not punish or blame the child for any issues you have with the father - that has nothing to do with her. You don't deserve to have a child with attitude such as this. (MORE)
Whether or not a mother can take a child out of the state withoutthe father's consent depends on the custody order that is in place.If there is no formal agreement, she does not need permission toleave the state with the child.
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… will go more smoothly if the other parent consents. (MORE)
Can the mother of a seventeen year old child living in Minnesota allow the child to live with an Aunt without informing the father when having joint legal custody?
by law it is allowd. so yes.. this question was answerd by a 49 year old lawer. thank you.
If mother has primary custody can she send child to live with relatives without fathers permission Do you still have to pay mother child support if mother and son live in different states?
No she absolutely cannot do that. In fact, wherever she lives, she isn't legally authorized to leave the state with those kids WITHOUT your written consent. If you agree and it's in writing, she can take the kids to another state and, no matter where they are, child support still applies.
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 …until he does.Then he can request custody and/or a visitation order. Even if the mother has custody she cannot interfere with thefather's visitation rights. Se would need his permission to moveand if doesn't agree she would need to seek the court's permission. (MORE)
If the mother lives in different state than the father can she file for custody of child without father knowing?
No. Biological parents must be notified when the issue concerns minor children of which they share custodial rights.. If the couple are not married the law presumes that the mother has sole custodial rights to the minor child/children until legal procedures are followed that might allow the biologi…cal father custodial and/or visitation rights. (MORE)
Yes. Many states require that the custodial parent petition the court and the judge can determine if it is in the child's best interest to relocate the child out of state.
Can mother take child out of country without father's permission you both have joint legal custody what to do if she tries?
No, that would be a violation of the joint custody, and it could be reported to the police as a kidnapping.
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.
he cant have contact with the child until they are over 18, they become an adult and responsible for their actions.
Depends on the circumstances and whether you have first right of refusal written into the custody decree. Is she attempting to move away, or is she taking a trip, without the child? More info will be needed to answer this proper. Also, see link below.
In the state of Georgia if a mother and father are not married when a child is born what does a father have to prove to get joint custody?
First, he has NO ASSUMED RIGHTS to the child, so the first move needs to establishing a voluntary child support order, but not before a paternity test is done. Once an order is in place, it cannot be easily stopped even if not the father. Next, you prepared as if you were going for full custody. …Finally, consider Bird Nest Custody. see links. (MORE)
After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?
Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.
If your parents have joint custody of you can you move states to live with your Father without the permission of your mother?
No , not usually.Don't do it without permission or you may get your Dad in trouble.
Can a mother take her child out of the state that her and the father reside in without the fathers consent if neither one has been appointed sole custody by the court system and they are not married?
Yes, but he has up to six months after the move to file an injunction ordering the return of the child.
Only a judge can decide this. None of the parent can take away rights from the other parent. The judge will see to what is best for the child and they usually aim for the child to see both their parents.
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 …so who will earn the household living, think for a minute babies require a LOT of care & love if they don't get it they will be screwed up for life if it's better with the mother you can get visitation rights to see him/her. This is Texas State law, it will vary by your state, but not much its all almost the same law everywhere, but just DO WHATS BEST FOR THE CHILD!!! (MORE)
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…ion needs are taken into consideration. The parent who desires to move must request permission from the court and the court will hear objections. . (MORE)
If a mother has sole physical custody but the father shares joint legal custody what are his rights?
The mother has primary residential custody. However, the father has visitation rights which are likely set forth in a visitation schedule and he has the right to be included in any important decisions that affect the child. The father should review any documents related to his case including a separ…ation agreement, visitation schedule, child support order and custody order. (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… focus of the hearing would be the best interest of the child and that the father's rights of visitation not be violated without good reason. The mother would be allowed to provide evidence that the move would benefit the child. The court would review all the testimony and allow or deny the motion. (MORE)
What is your recourse if a mother takes the child out of the state without written consent from the father?
That largely depends on the circumstances, and things like marital status, custody, and existing court orders. In any case, consulting a lawyer would be a very good idea. .
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 …from the mother when the child is with him. Now that's a good recipe to cause strife. (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…on to stop the move, or to later have the child returned to the jurisdiction of the courts, so it would be best to clear it through the courts prior to the move. See link below for additional information. (MORE)
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.
Does a custodial mother that has joint custody have the right to take her daughter out of state on vacation....Are there legal ramifications.... My ex is threatening kidnapping charges?
If it interferes with the access schedule, and depending on applicable state laws, it could be considered interference with custody. In Missouri, under RSMO 565.156, it would be classified as a Class C felony.
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…r 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. (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… 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 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 have a hearing on the matter. (MORE)
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 …married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child. (MORE)
Yes if the father has joint custody he may leave the state with the child for a short period for purposes of a vacation.
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…n the child is endangered or being neglected. 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 proven the child is endangered or being neglected. 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 proven the child is endangered or being neglected. 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 proven the child is endangered or being neglected. (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…not remove the child from the state unless he consents and the visitation order is modified by the court. (MORE)
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…ts by maintaining visitation with their children and or taking the children back to the father's residence for his visitation rights (the courts won't make him go to you to get them if doing so would present a hardship) paying their portion of child support, etc. Either that or relinquish joint custody which would probably be the result if the father doesn't agree to the move. (MORE)
State of WA - for a vacation, sure. You need to notify the other parent of the place and duration. For good? That would be considered kidnapping.
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…ompelling evidence to the court why the child would be better off with you. Consult an attorney and do it quickly. You need expert legal assistance. (MORE)
Can a mother take her child to live with her out of state without the fathers consent if they are not legally married?
That depends on state law where you live (or country if you live outside of the US). Some states allow the custodial parent to move freely, other states may require written permission from the non-custodial parent and/or a court order. You would need to provide the state where you live for a specifi…c answer. (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…ed. You need to visit the court and speak with an advocate or consult with a private attorney. 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 modified. You need to visit the court and speak with an advocate or consult with a private attorney. 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 modified. You need to visit the court and speak with an advocate or consult with a private attorney. 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 modified. You need to visit the court and speak with an advocate or consult with a private attorney. (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…d she can also leave with the child and so could you since you both have equal right to the child then. (MORE)
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 take 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. (MORE)