What would you like to do?
Yes. You cannot make any move that would interfere with her father's visitation and custodial rights.
Generally when the parent of a minor child wishes to move out of state or to a location where the distance would affect the visitation and custodial rights of the other parent, that parent must seek the approval of the other parent and should obtain an order from the court granting them permission to relocate the child. The existing orders would need to be modified.
Your first step should be to try to work out some new arrangement with the other parent and seek his cooperation. The court will look favorably upon an agreement reached between the parties and will likely approve it. If the parent's cannot agree the judge will hear testimony and render a decision that is in the best interest of the child.
In any case, you cannot ignore the current court order for custody and visitations. It must be modified.
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If both parents agree to one parent moving out of state with the child, then you can have your custody agreement amended with new terms.
If you haven't established custody and the father has moved out of state and is now asking for joint legal and physical custody can he win?
Answer It will be very dificult for the father to have joint legal and physical custody on the gounds that he is not avalible. The courts want the two paren…ts to live in the same area to co-parent. He could if he moved back.
You have joint legal custody and primary residential custody and the father is allowed reasonable visitation can you move out of state?
Answer If it is in in the Indian context, then you will have to take permission from the court to take the child out of the State. Remember that the father has v…isitation rights and your taking the child out of the state shall have a directly negative bearing on such rights of the father. In custody matters,what weighs with the court is the welfare and wellbeing of the child and not the wishes and convenience of the individual parents. So if on a petition presented to the court, you can satisfy that it is in the inerests of the wellbeing and welfare of the child that the child must be moved out of the state, you have a chance to succeed.
If you have primary physical custody and joint legal custody do you have move rights then the parent that does not have physical custody when it comes to the best interest of the child?
Answer . yes and no. joint legal basically means the other parent can get any and all legal info on the child such as medical records, school records and of course anythin…g legal or court related if the child gets in trouble and in some cases the other parent is invloved in major decision making like life support etc.
When a parent has full legal and physical custody of a monor child do they need permission from the court to move the child?
Answer no,unless the custody agreement states you cant move without notifying the court
If a single mom decides to move out of state with her daughter and there is no custody established with the father is it illegal or does the mom need to get permission from the father?
It is illegal.
Being in contempt of court can help the other party gain custody but does not automatically guarantee it. Many times a mediator or guardian has to be assigned to change cu…stody. Attorneys and judges also get involved in this decision.
If the father has no legal custody, but is paying child support, he should be at least told. It's his child, too. The parents divorced each other - they did not divorce …themselves from the child.
You'd have to have permission from spouse and from the courts.
I share joint legal custody and am the physical custodian I need to find the law that states that the primary custody has the final say?
You don't with joint legal.
You have full physical custody of your daughter and you have joint legal custody can you move out of state without his permission?
No If by moving the party means a move within the jurisdiction of the court that mandated the custodial order, then yes, you may relocate. If the question refers to relocating… outside of said jurisdiction, the primary custodial will need the written notarized permission of the non primary custodial parent and/or permission from the court.
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 with full physical custody and joint legal custody. would need Fathers permission to take doughter out of the country to visit parents?
If you have joint legal custody then you will need the father to sign paperwork to get a passport for your daughter to leave the country. If she already has a passport and you…r trip out of the country does not interfere with his visitation then you have every right to take you daughter anywhere you want to take her:-)
Does the father need permission to take kids out of state when mother has sole legal custody and physical custody?
sad question. seems the court answered that in papers.Keep a good friendship with kids and wife so this can happen,everyone watches TV
Can you move without getting permission or filing a petition if your staying within the school district and have full physical custody and joint legal custody?
Can a mother who is remarried move her child out of state when the father has joint custody without permission?
No she can not.
We have joint legal custody but the father has primary physical custody. Does he have to provide the child's address?
Of course, unless the other parent to the child or previous spouse is not restricted in any way (such as abuse in any form). Both parents have a right to know where the chil…d is when with the other parent. It's not acceptable to just drop off the face of the earth every time the mom has the kids for instance. If abuse is involved it's different. The judge should be aware of this.