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Do you have a right to move the child overseas if you have joint custody with father and you have primary physical custody?


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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.

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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?

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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.

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