If the other parent have visitation rights you will need their consent as well as the courts.
Yes- if you have sole legal and physical custody. However, if the other parent has visitation rights then you need the consent of the other parent and a modification of the visitation order.
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.
There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.
Joint legal or physical. see links
It will be very dificult for the father to have joint legal and physical custody on the gounds that he is not avalible. The courts want the two parents to live in the same area to co-parent. He could if he moved back.
joint custody means both parents have custody of the children and all decisions concerning the children have to be a joint decision... including trips out of the state. I have not heard of access... I am thinkgin access is giving the non custodail parent visitation rights. Research the Laws for your state.
It depends on the state and how old the child is.
If you have joint custody, you cannot move out of the state with the child without the other parent's consent. Even if you have sole legal custody you cannot interfere with the other parent's visitation rights by moving. The visitation order must be modified. Absent the consent of the other parent, you need the permission of the court.
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.
Only with approval by the court of a Motion for Custody of a Child In Need Of Care.
It depends on the type of joint custody. Custody is broken down into two subcategories- legal and physical. Legal custody is the ability to make decisions concerning the child and to act on the child's behalf. Physical custody is who the child lives with. Typically unless the child spends exactly 50 percent of the time with each parent, one parent is considered to have primary custody and the other parent to have secondary custody or visitation rights. Child support is based on who has primary physical custody, and that parent is typically awarded child support from the parent who has the child less since having the child more usually means that you provide for more of their needs as well.
Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.
No. He needs o review the custody orders and the state laws since both govern who can claim the child. In some states the parent with physical custody has the right to claim the child. He should obtain legal advice before taking that liberty.