Children and the Law

Can you visit out of state when you have joint custody?

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2015-07-15 20:51:21
2015-07-15 20:51:21
Moving Out of StateThis is all dependent on the State in which you live. I am a paralegal and also a mother that has joint custody with the father and I have legally removed my children from the state where we all lived. There should be a portion of your Parenting Plan/Domestic Relations Affidavit that directs you on how you are to handle this. If there is not, you need to call the clerk of the court in the county where the custody papers were issued, and ask what you need to do. In MOST states, you have to send the other party a certified, registered, return receipt letter stating the city and state that you are planning on relocating to. The opposing parent has 30 days to respond, in writing. If they do not, you are free to go. If they do respond and it goes to court, you generally have to prove to a Family Court judge that the benefits of moving the child far outweigh the detriment that the lack of the second parental involvement would have

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  • Watch out if you have joint custody and you live in the same county. He can take you to court and make it where you can't leave the state. But if you have a man that wouldn't do that, it's more likely he will have them for the Summer and maybe Christmas here and there.
  • You made an legal, binding agreement. Live with it, or surrender custody.
  • If you have joint then you will need to let the father know that you are planning to leave, But he can take you to court and make you stay in the same county. If he doesn't mind and lets you go then sure but if he takes you to court them you might have to stay, it's up to the judge then. If you just go he could call the cops about you stealing the child.
  • Any lawyer would have to prove that either it is in the best interest of the child or not the best interest of the child. Also one point to be taken into consideration is if there are other siblings that are not by that father as well. The courts will find it is best to keep siblings together. With an agreement of liberal visitations there should not be any problems if you both can work it out in that manner. Also another fact is that if the physical placement is with you and the child knows you the best, the judge may also look at the fact that if the mother is not happy the child will not be happy and this situation could disrupt the whole family long term. Consult with an attorney because to prove it is not in the child's best interest is what the other party needs to do.

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no you can move out of state if you have joint custody.

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No, you cannot move a child out of state if you have joint custody.

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By petitioning the court to give joint custody to the parents. In most state, Joint Legal Custody is the standard. If you mean Joint Physical Custody, with 50/50 Custody, this is more complicated, requiring preparation similar to petitioning for full custody.

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With or without the child? What is the state with jurisdiction over the case? If your custody order doesn't specifically outline those terms, you would need to supply that information for an informed answer.

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Can a father who has joint custody with the mother stop her from visiting another state with the child

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