0
Can a mother move to another state with her kids after a divorce if the father has visitation rights?
Wiki User
∙ 12y ago
The legal answer to this legal question depends on the details. If the parties are married she can try but the father can obtain a court order to stop her from removing the children or to return them to the jurisdiction of the court.
If the parents were never married that depends on whether the father has established his paternity and been granted custody rights or visitation rights. In that case the mother cannot move without the father's consent or a court order.
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. 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 child is to remain in the physical custody of the mother.
Answer
Yes, she can, in most cases. I would go further and say that most mothers would not do this casually--it may be for economic reasons, safety or other imperatives.
Wiki User
∙ 12y ago
Wiki User
∙ 14y agoOh yes as the mother has not got any support from the husband , even though they are not legally divorced , as he is least bothered , he has no claim or right to stop the ex wife from leaving the state and going to another one to look for a job.
Wiki User
∙ 12y agoWith his permission but not otherwise. If you moving leads to visitation not working, you are breaking the court order.
AnswerNo. The move needs approval from the court as well as the consent of the non-custodial parent. The move should be reflected in a modified visitation order or agreement approved by the court. If the mother moved with only the "consent" of the non-custodial father and he later changed his mind, he could file a contempt order and the mother could find herself with time consuming and costly legal problems.
Wiki User
∙ 12y agoShe will need his and the courts permission to move out of state and both parents have to agree on how the visitation and custody will work. If both parents can figure that one out so everyone is happy and the court orders are followed, she can move wherever she wants.
Wiki User
∙ 14y agoYes, but the father can file an injunction to stop it
Wiki User
∙ 11y agoHas parentage been established? If yes, that depends on the law in the state where you currently reside. Consult an attorney for more information specific to your case.
Add your answer:
Earn +20 pts
If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?
You have the visitation rights that were established in the divorce, and you have no custody rights.
Can the biological father of your daughter whom she does not know seek visitation or custody only if you file for divorce from the mother?
yes biological fathers may seek visitation and custody rights
What rights does an American father have over his son when the divorce states mother has sole custody but father is required to pay support?
none except standardized visitation.
Does a stepfather have visitation rights to his stepson after a divorce?
No, a stepfather will not have visitation rights to his stepson after a divorce. The mother can always allow the stepfather to visit if she wants.
If the mother deprive the father the right to see his child and he pays child support what are will the courts do for legal relief for him?
If the father has visitation rights and the mother refuses to allow the father those rights, then the father can sue the mother in a civil contempt proceeding. If she doesn't have a good reason for disallowing the visitation then she can be held in contempt of court. There are various remedies including giving the father more visitation to make up for the visitation that was disallowed by the mother or even giving the father custody, but usually, the judge will just order the mother to allow the visits. His paying or not paying child support has nothing to do with whether or not he gets visitation (i.e. he gets visitation regardless of whether or not he is current with child support).
Can a mother of the father be a supervisor for visitation If the father is granted supervised visitation can the mother of the father be the supervisor?
If there is a relative or someone close to the family supervising it has to be someone both parents agree on. Otherwise the court will choose one.
How do you know if you have full custody?
An unmarried mother has full custody of her child unlessthe father has established his paternity through the court. He can then request custody and visitation rights. A divorced mother must review her divorce decree and all related court orders if she is unsure about the status of the custody of her child.
It it legal for a mother with a child from another father who has visitation rights to allow her fiance to move into the house with the child from the original father before marriage?
I don't believe so.
If a father has visitation rights but rarely comes to see his child what steps can be taken?
It depends on what you want to do. If you don't mind about the father rarely visiting, then there are no steps to be taken. It really is a matter on what you want to do about the father rarely visiting his child.
How can my son get visition papers to see his kids in fl.Court said he can.The mother said no?
Need to file a petition for visitation. If the father is the biological father he has a right to visitation. There is no court that will not grant visitation to a father. Unless it is proved in court that the father is unfit. There has to be proof of that.
The father and mother have a verbal agreement on visitation but the father never returned the child and the mother had no way of contacting the father and now the father has filed for custody?
Okay, cool.
Can a mother get into trouble if the father is paying child support and not seeing the child?
Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.
