HomeDo you have a right to move the child overseas if you have joint custody with father and you have primary physical custody?
Wiki User
2015-07-15 21:51:29
2015-07-15 21:51:29
No. A minor cannot be removed from the jurisdiction in which the custody was awarded, without the permission of the other parent and the Family Court.
In FL our lawyer told us it is the other parents permission OR that of the family court. But that both are not necessary to move with the child.
ANSWER
In NZ i had a similar experience where i wanted to leave for Australia and in order to do so i had to apply to the family court for an order of removal of child and in order for the family court to grant my application i had to have the other parents approval or a valid reason for wanting to move that was in the best interests of the child ie for financial reasons health etc and i also had to grant regular access to the father which did result in split costs of his airfare to Aussie to see his child. The only way around this is if you and the biological parent where not married or living together before or after the birth of your child, this would make him a non guardian and therefore not entitled to a say in the child's life and for that reason you could contest the joint custody.
you?
Related Questions
No, legally a minor has no choice in the matter.
Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.
Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.
No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.
Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.
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