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.
Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.
A custody order can only be granted by one court usually in the state where the child presently resides. Judges are very reluctant to grant joint custody when the parents live in separate states. The usual procedure is for one parent to be granted primary physical custody and both parents sharing joint legal custody. The parent not having primary custody would be responsible for making his or her travel arrangements and living accomodations (or that of the child depending on the age) during visitation unless there is a different agreement made with the primary custodial parent.
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.
The term "primary joint custody" is contradictory. Primary (or sole) custody means one parent has full rights of decision as to the care of the child, including education, medical treatment, etc. Joint custody means parents share equal rights in major decisions such as moving the child to another state or country. One parent cannot legally take such action without the other's consent or without permission of the court.
If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.
If you have primary physical custody you are entitled to support. How much support is figured in a formula based on how much money each of you makes and how many days (or overnights) each of you has time with the child. Depending on the state, if the child stays with the other parent over a certain set amount of time, then that parent is responsible to pay less child support. Most states are trying to push joint physical custody where the child spends 1/2 to 2/3 of the time with the primary caretaker and the rest with the other parent.
A Motion for Custody has to be filed whether it be Joint Legal, Joint Physical, or Bird Nest Custody. In all, the father has to be prepared to deal with the same challenges as he would attempting a Full Custody of his child(ren). Joint Legal Custody is pretty much the standard in most every American State, but Joint Physical is more difficult. Bird Nest Custody requires almost unprecedented cooperation and commitment to the children.Please note in this regard, James Cook, the founder of the Joint Custody Association, and original Joint Custody Legislation author, passed away in Los Angeles, CA on March 28, 2009. His material can be found in a freeFathers Rights Educational Manual at Dads House in Yahoo Groups. Upon joining, you will receive a link for downloading the 200 page manual, in pdf format, that can teach you what you need to know. Take the time to learn what you can and should do. See linkTo prepare for any type of custody challenge, see Related Question
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.
There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney regarding this question. About 90% of divorce cases are settled out of court, though, and most joint custody is established this way. Judges will rarely change an arrangement that has been established by the parents. The legal status of joint custody may eventually change. Supreme Court decisions have found parental rights to be guaranteed by the Constitution. Because a fundamental right cannot be denied without a compelling state interest that cannot be achieved by any less restrictive means, some legal scholars believe that, in the absence of abuse or neglect, parents have a right to both legal and physical joint custody (Canackos, 1981; Robinson, 1985). This theory has not been tested in court. [This answer was excerpted from "Questions and s About Joint Custody" by Rick Kuhn.] References: Canacakos, Ellen. "Joint Custody as a Fundamental Right", Arizona Law Review, Vol. 23, 1981. Robinson, Holly. "Joint Custody: Constitutional Imperatives", University of Cincinnati Law Review, 1985.
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