If you have sole legal and physical custody then you inform the other parent that you are moving and make whatever arrangements are necessary.
If custody is still an issue and the other parent does not agree with the move, you may need to petition the court in a custody hearing.
Added: The question fails to disclose if the non-custodial parent has visitation rights. If the other parent has rights of visitation, you may not deprive that parent of their right to see the child by imposing unusual, harsh, or onerous travel requirements to deprive that parent of their right to see the child.
Then there is also the possibility that the court will not allow the the child to be removed from the jurisdiction of the court.
Of course, if the non-custodial parent states that they are okay with the move, the entire problem may be moot.
If the parent has sole physical custody they must provide written notice of the move to the other parent. This must be sent by certified mail. The notice has to include a plan to change the custody agreement, and has to be given 60 days prior to the move.
With approval from the court that has jurisdiction over the case. It will help if you have the other parents consent.
A parent with sole custody should be able to move out of the state of New Jersey. This is unless there are explicit rules against it.
Review your documents that grant sole custody. if you don't have court documents stating sole custody. than more than likely yeah... likely you have joint custody. both parents have joint custody until the court grants sole custody. some people assume because the child lives in there house 95% of the time they have sole custody... un true sole custody is appointed by court. Now assumeing you have sole custody granted by court you may beable to move anywhere you choose. View the laws for your state.
Not without the permission of the court.
The other parent could get sole custody.
Unless you have sole custody and the other parent has no visitation rights, you need their consent and court approval. If you move without court approval you will be in contempt of the court order regarding visitation.Unless you have sole custody and the other parent has no visitation rights, you need their consent and court approval. If you move without court approval you will be in contempt of the court order regarding visitation.Unless you have sole custody and the other parent has no visitation rights, you need their consent and court approval. If you move without court approval you will be in contempt of the court order regarding visitation.Unless you have sole custody and the other parent has no visitation rights, you need their consent and court approval. If you move without court approval you will be in contempt of the court order regarding visitation.
it depends on your custody papers and what they say... if you have joint custody NO.... if you have residential custody maybe with court allowing it.... if you have sole custody then you would need to inform him but you could leave!!!
That would probably require the permission of the court. Sole custody does not always mean freedom to leave the state.
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.
The mother should file for sole custody before attempting such a move and even if it is granted, permission should be obtained from the court beforehand. Otherwise, the mother could find herself in the midst of a protracted and expensive custody battle.
You haven't provided enough information. You need to explain how your common law husband got sole custody, what state you live in and whether common law marriage is recognized in your state. Generally a mother has custody until it is taken away by virtue of a court order.
If you have absolute sole custody and you have no legal obligations to the other parent than yes, you could move anywhere.
If the other parent have visitation rights you will need their consent as well as the courts.