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If Dad has custody, not only does the 16 year old not HAVE to move with Mom, the 16 year old CANNOT move with Mom. That's how custody works. If Mom wants to take the 16 year old, Mom will have to go to court and obtain custody first (and, especially if the 16 year old doesn't want to move, which from the way the question is worded I'm guessing might be the case, she's not terribly likely to get it).

The answer depends on the details and whether there is agreement between the parents. If the father agrees to (or has requested) the change in custody the parties must petition the court for a modification of the custody order. Mother must also seek permission from the court to remove the child from the state. She would need legal custody to enroll the child in school, insurance and to obtain medical treatment.

If the father does not agree the mother must petition the court for the change in custody and residence and the court will render a decision that it deems to be in the best interest of the child.

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10y ago

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What if you have joint custody and live out of state and your son doesn't want to go back to his father?

You may apply to court for another custody order.........


Can you take a child out of state if there is a custody date in court for custody?

No you can not.


Does a parent leaving the state revoke their custody?

No. Generally, custody is terminated by a court order.No. Generally, custody is terminated by a court order.No. Generally, custody is terminated by a court order.No. Generally, custody is terminated by a court order.


How can you move to another state with shared custody the father has?

You need the permission of the court, and the father. His visitation rights must be considered. If granted, special provisions may apply.


Will Hawaii extradite for custody?

If you are in violation of court order in another state, possibly. You need to be talking to an attorney and not to WikiAnswers.


If you live in Arizona and if you have sole custody are you allowed to move to another state?

Review your documents that grant sole custody. if you don't have court documents stating sole custody. than more than likely yeah... likely you have joint custody. both parents have joint custody until the court grants sole custody. some people assume because the child lives in there house 95% of the time they have sole custody... un true sole custody is appointed by court. Now assumeing you have sole custody granted by court you may beable to move anywhere you choose. View the laws for your state.


What can be done to an attorney's firm that represents one person in a custody case and then later represents another person against the first in a different custody case?

File a complaint with the State Supreme Court, not the bar association, which is just an attorneys club.


If you have temporary custody of a minor child are you allowed to relocate to another state with the courts permission?

If the court gives permission yes.


When asking for a modification on child custody does that parent need to file in the county the child lives?

if you are refering to the child's home state/county, then the answer is yes. for example, you cannot move the child to another county, or state and petition that county court, or state court for custody rights.


Can the mother of my son move and take him to another state without consent?

No she can not. If there is a court order for custody or visitation she will be breaking it. She needs consent from both you and the court in that case.


Can a state tell you that you cannot live in another state when you have your child when the father lives in another state when the two parents did not go to court for custody?

Generally the law is not applicable when the other parent does not live in the starte.


Can the state court take custody of your child living with his grand parents who have temporary custody?

yes