Custody
Children and the Law
Child Support

Does the mother of a child in joint custody have the right to take her out of state without asking the father?

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2009-06-22 00:23:57
2009-06-22 00:23:57

Absolutely NOT! If you find that you need to move out of state, you need to file a motion to amend your settlement agreement with regards to custody issues. Most likely you will have to pay for the father's attorney's fees in order to do this and the courts do not have to allow you to move. If possible, work out the negotiations between yourselves and have a court mediator make the changes, to save on legal fees. There will be issues regarding visitation (you will probably have to pay at least half of the cost, if not all for transportation of your minor child to travel back and forth between your residences) and reasonable parenting time must be set up for the father. ANSWER However, if the mother is only taking the child on a very temporary vacation, she should simply try to avoid any interference with visitation. The mother should let the father know where they will be or how to reach them in case of a family emergency.

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Related Questions


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.

If a child's mother has sole custody then the courts have decided this and there is a reason for it. Generally, if the mother is a good mother (fit mother) then the children will be looked after by her with the father having partial custody to see his children. If the father is unfit, then the mother would have full custody. If you are the child asking the question and are upset because your mother has house rules and you don't always agree with them then this is not a good reason to want to live with your father. Your mother gives you these responsibilities so you will learn good characteristics that will make your life a whole lot simpler. You may not see that now, but will in the future. If this is the father asking the question and you have partial custody the courts have deemed it this way for a reason. If the mother is unfit and the father wants to take full custody then you should retain a lawyer asking for full custody.

No, there must be a court order that gives sole custody to the father. If the mother has full custody, it is called kidnapping.

It depends on the law where you live and your custody order. If the father has sole legal custody (as opposed to physical custody) he would be able to make that decision without input from the mother. If legal custody is joint or the mother has sole legal custody, no he could not.

The father would be the favored person to get legal custody if the mother had custody and died unless he was found to be unfit to have custody.

No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.

No, but the father can get the custody if he proves that the mother has bad habits like alcoholic or consume drugs.

Of course, but it best to do it using a mediator.

Yes a child can receive medical benefits if the mother has sole custody and the father dies. The state will provide the mother with assistance which will include medical benefits for the child. This can happen with or without the father passing on.

I believe that the Mother should always have full Custody.. After the father is a convicted felon

Can a father in wi. get temporary full custody if mother is homeless?

If not married the custody belong to the mother automatically and the father have to go to court to get visitation rights or custody. If the mother can not take care fo the child and neglects it, the father can alsoi get custody.

In most circumstances the mother gets primary custody.

Joint custody is between two parents, which are usually a mother and a father.

No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.

The mother has the right to claim the child as the legal guardian of the child.

Yes, unless there is a custody agreement in order. Neither mother or father has custody legally.

Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody.A married mother cannot keep the child from the father without a court order to that effect.

How often is the father awarded custody of the child over the mother in North Carolina?

In the United States an unmarried mother has legal custody of her child unless and until the father establishes his paternity in court and requests custody and/or visitations.

No, although most courts favor custody to the mother.

If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.


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