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This depends on the state. I know in CA, NV, TX, UT for a fact (and most other states are the same way). You can NOT take a child out of state regardless if you have full custody or not. I have always had full custody of my daughter and her father was not in her life. I still could not move out of state without written consent by him or a judge's order. Although, it is VERY simple to get an order to move out of state. You only hav eto prove that it is in the child's best interest, which is simple to do. Make sure you are not doing this to spite the other parent. Let me know if you need more information. Good Luck.

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βˆ™ 2015-07-15 19:04:19
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Q: If granted full custody can a parent immediately take the child out of state to where that parent resides?
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Will the judge change custody over to the non custodial parent if the custodial parent went to prison?

The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.

What is the difference between primary custody and primary physical custody?

They are two terms used interchangeably that essentially mean the same thing. Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sometimes a parent may have primary physical custody but the other parent may have legal custody, meaning one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." This parent can make all decisions without seeking in put from the other parent.

Can joint custody be in different states?

A custody order can only be granted by one court usually in the state where the child presently resides. Judges are very reluctant to grant joint custody when the parents live in separate states. The usual procedure is for one parent to be granted primary physical custody and both parents sharing joint legal custody. The parent not having primary custody would be responsible for making his or her travel arrangements and living accomodations (or that of the child depending on the age) during visitation unless there is a different agreement made with the primary custodial parent.

Can an unemployed parent be granted joint custody?

more time for the children

If one parent has sole custody of a child and that parent dies will the living parent get the child?

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child.

Can a noncustodial parent be granted joint custody after 9 years of sporatic visitation with the custodial parent having sole legal custody?

Only after demonstrating a pattern of frequent contact

What does primary custody mean?

It means one parent is granted physical custody of the child the majority of time (in other words, your primary residence is with that parent). However one parent may have primary physical custody but joint legal custody where the other parent has equal decision making power in the child's life.

What rights does a parent with sole custody have?

There are different types of custody: sole physical custody, where the child resides primarily with one parent but the non-custodial parent is typically awarded visitation rights, and sole legal custody, where one parent makes decisions in the child's life pertinent to their welfare. So, rights are delineated dependent upon the same.

Can a parent get custody of the child if the other parent is in the process of getting own place?

Temporary custody yes, if the other parent, who's moving, has been granted permanent custody but has no place to live at the moment. If you are married and can't agree on custody you have to go to court and let the judge decide.

How do I gain custody of a minor from biological parent?

Non-parent custody is granted only under certain circumstances and through specific procedures. The rules vary by state, generally you must follow specific court procedures and provide clear proof that harm will come to the child if the non-parent custody is not granted. It is best to consult an attorney.

What right does a parent with no custody have over you?

Whatever rights are granted by the custody order. If the custody order specifies "visitation", then you have to visit. It's not an "if you want to" thing, it's a "have to" thing.

If one parent has primary custody and the other parent has visitation which one is the custodial parent?

The custodial parent is the parent in which the child resides with. My son lives with me and I am the custodial parent, his dad has visitation rights and pays child support.

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