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?

Answer 1

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.

---- == == The highest rates of denial of court ordered visitation takes place when it involves long distance visitation.

Except as otherwise explicitly provided, if the non-custodial parent resides more than 100 miles from the residence of the child, the non-custodial parent shall have the right to possession of the child as follows:

(1) every Spring school vacation from 6 p.m. on the day school recesses until 6 p.m. on the day before school resumes after that vacation;

(2) if the non-custodial parent:

(4) gives the Custodial parent written notice by May 1, of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 42 days between June 1 and August 31, to be extended in no more than two separate periods of at least seven consecutive days each; or

(5) does not give the custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27;

(6) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days notice on or after May 16 of each year, the custodial parent shall have possession of the child on any one weekend from Friday at 6 p.m. to 6 p.m. on the following Sunday during any one period of possession by the non-custodial parent under subdivision (4) of this subsection, provided that if a period of possession by the non-custodial parent exceeds 30 days, the custodial parent may have possession of the child under the terms of this subdivision on any two nonconsecutive weekends during that time period, and further provided that the custodial parent picks up the child from the non-custodial parent and returns the child to the same place; and

(7) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 30 days' written notice on or after May 16 of each year, the custodial parent may designate 21 days between June 1 and August 31, to be exercised in no more than two separate periods of at least seven consecutive days each, during which the non-custodial parent shall not have possession of the child, provided that the period or periods so designated do not interfere with the non-custodial parent's period or periods of extended summer possession or with Father's Day if the non-custodial parent is the father of the child.

(1) Where parents under this decree reside in different areas and the child(ren) must travel between parents by public transportation, the custodial parent is ordered to deliver the child(ren) at the beginning of each period of possession herein awarded to the non-custodial parent, to the appropriate transportation terminal in the custodial parent's city of residence. Further, the custodial parent is ordered to pick up the child(ren) at the termination of each period of possession herein granted to the non-custodial parent, at the appropriate transportation terminal in the custodial parent's city of residence. The non-custodial parent is hereby ordered to pick up the child(ren) at the appropriate transportation terminal in the non-custodial parent's city of residence. Further, the non-custodial parent is ordered to deliver the child(ren) at the end of each period of possession herein awarded to the non-custodial parent, to the appropriate transportation terminal in the non-custodial parent's city of residence.

(2) The custodial parent shall provide a $5000 cash or secured bond to the court, forfeited to the other parent upon violation of the terms of the visitation orders.

(3) The state of residency of the non-custodial parent shall retain all jurisdiction over the case, unless the non-custodial parent moves from the state.

(4) Both parents shall provide the children:

(a) Computer;

(b) High speed internet service;

(c) A Firewire web cam; and

(d) An electronic tablet, which will be used for frequent contact between the child(ren) parent not in residence, with the ability to help with any homework.