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.
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Related Questions
In California if father has primary physical custody and both parents have joint legal custody can the child choose which parent he wants to live with?
No, legally a minor has no choice in the matter.
How does a father get primary custody if unwed in CA and the judge has authorized only minimum visitation with joint physical and legal custody?
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.
Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?
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.
Can a mother with joint custody give child to somebody else other than father?
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.
After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?
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.
Who usually gets custody the mother or the father?
In most circumstances the mother gets primary custody.
How can a father get custody of his children from there birth mother?
A father can get custody of the children if it can be demonstrated that that is in the best interest of the child. The father being the primary caregiver would help.
Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?
Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,
What rights to custody of your children does the step father have in the event you were to die?
If the child has been residing with the step-father for x amount of time he may be able to get physical custody of the child unless the biological father wants to take the physical custody than he can get visitation.
If a father won physical custody of two girls and mother is appealing saying that she has cleaned up her act what are fathers chances of maintaining physical custody at appeal?
If father was awarded custody before and his circumstances have not changed, unless the mother's situation has improved dramatically the father has a good chance of maintaining custody.
How can an unmarried mother obtain authorization to travel with her young son overseas if she and the child's father have never been married or established custody?
establish custody
Does a father with primar physical cusody still have to pay child support?
Yes, until/unless the courts grant primary legal custody and terminate support.
Can father get sole custody of an eighteen year old when mother has sole legal and physical custody?
The 18 year old is considered an adult. Nobody can have physical or legal custody of her.
Can divorced father with primary custody let child live with his 28 year old son and wife or does the child have to stay with mother if not with father?
That depends on the custody order, but she can file for a change of custody.
Can the fAther take your son if you have primary physical and legal custody and no order for visitation?
If he does not have a court order for visitation or custody he can't take him anywhere. If he has partial custody he can take him out as long as it's in agreement with the custody order. He can't take him as in moving away. You should ask your lawyer who knows more about your case.
Can a grandparent retain physical custody of a child if the mother is not around and the father wants custody?
Yes. Depends on the circumstances.
If a mother has sole physical custody but the father shares joint legal custody what are his rights?
The mother has primary residential custody. However, the father has visitation rights which are likely set forth in a visitation schedule and he has the right to be included in any important decisions that affect the child. The father should review any documents related to his case including a separation agreement, visitation schedule, child support order and custody order.
Should a father ask for child support first?
The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.
If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies does custody automatically go to the father?
Does anyone know? we asssume this in happening in the U.S..
Can a father that is a non citizen with legal papers get sole or primary custody of his child?
Yes
What is the difference between primary physical custody and sole custody?
Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, etc.) concerning the child. Sole custody does not mean the non custodial parent can be denied the rights of parental visitation. • In my case, I have primary custody AND sole legal cstody. Being primary custody gives the father the right to make a decision in the event of an emergency, but that's about it. It basically means the father can see the child and take hher out of my home. But, because I have sole legal, he cannot make any decisions concerning anything religious, medical, educational, etc. Having sole legal gives me the right to get her a passport without his permission as well! Sole/Primary/Joint custody essentially just determines where the child lives and who the main care-taker is. It is "legal custody" that determines the right to make decisions.
Can a child's father stop her going overseas even if he has signed her passport forms?
Not unless they are a minor and you have parental custody or guardianship
Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?
If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.
Can a father remove his last name from child's and child get mothers last name?
Yes, a father can change his child's last name. However, this depends on the custody arrangement, and who has primary custody.
If the father has had joint custody of a 4 year old and was the primary parent and the mother wants primary custody can she do it?
Yes if she could prove that the child is better off in her primary care. If the child is thriving and safe with you, it would be hard for her to prove. But custody can change at anytime so she has the right to file.
