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If a parent has joint legal custody is it legal for the other parent to take the child out of state without permission?

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2011-07-18 12:44:50
2011-07-18 12:44:50

Generally joint custody means both parents have equal rights to decisions concerning the child. However, the actual terms would be in the custody agreement. Therefore, it may be allowable for a parent to take certain actions w/o the consent of the other parent. You might wish to read over the terms of the custody agreement or consult with the attorney who handled the case for more specific information.

A permanent move would likely require court approval unless the non-physical-custody parent consents to the move.

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Permission from the other parent. Yes if you are in leagule custody of the child at the time

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Yes because now the permission of the other parent is not obligatory. At the most the parent which has custody of the child may require declaration before the court and seek permission for signing on VISA without obtaining the signature of the other parent.

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Only if the parent has sole custody or has an order from the court allowing the action.

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You need a letter from the other parent giving permission. Otherwise you risk having difficulty either leaving or returning.

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No, you can't, especially if you have joint custody, that will be considered parental kidnapping.

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It is possible that a parent can solely take a decision for his or her child. However; It mainly depends on the agreement between parents.

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I am pretty sure they can if they have the permission and have custody over some of the child that is shared with the other parent.

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That is dependent of custody orders, but even without, the other parent could file an injunction.

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If an adult takes a child without LEGAL custody, it is kidnapping-- in the USA, for sure. Depends. if you are still married and none of you have gotten temporary custody yet until the divorce is finalized, both have equal rights to the child and it would not be kidnapping. If you have never been married and the father have never applied for custody or visitation the mother have custody. So she can leave the state with the child without his permission but he cannot leave with the child without her permission.

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Yes, however the other parent can still file an injunction for the child to be returned.

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Generally, no. The parent with legal custody has the right to make the day to day decisions. Of course, the non-custodial parent could take the child to get their license with the permission of the parent with legal custody but not without it.

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Not take but they can petition for custody in court. Unless the parent is unfit the most they will get is probably shared custody though.

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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.

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The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.

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Not unless you are a unfit parent.

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Even in joint custody, the order will name rights and responsibilities of each parent. Only one parent should have the right to chose the school. That parent may change the school without the other parent's permission.

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If the non- custodial parent takes the child without permission it is considered kidnapping.

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An intact family can't do that. A juvenile detention is related to the commission of a crime, so only the court does that. You can give up the child to family services, but the other parent can challenge for custody.

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Yes, it can be for their own safety as well as other reasons. A person in custody, minor or adult, must be searched before they are booked. Seeing an officer does not need permission from a parent to arrest their child, a search without the parent's permission would coincide.


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