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What is the wv law on moving a child out of state if you have primary custody?
Milkdud1222
Whether or not a law exist, the other parent always has the option to file an injunction preventing it until a full hearing. Thus, it can be less expensive to get court approval in advance. see links
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoThere's no clearly defined law, but the other parent can still file an injunction preventing the move pending a full hearing.
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If you have joint custody can your teenager live with either parent?
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.
If father has primary custody and goes to work out of state and step mother stays home with child can the mothers grandparents try to get custody for that time?
They have no court standing
Can you take your child out of state while awaiting a family court hearing?
Call the phone number on your court papers. Or call your court representitive. It is very important to be up-front in all of your dealings with the court. In some states you can not leave the county with your child. * If custodial petitions have been filed then the child or children cannot be removed from the jurisdiction of the home state without the permission of the court.
Can you remove a child from another state if you have joint custody?
No, you cannot move a child out of state if you have joint custody.
How do you get you child out of dys custody in Missouri What degree do the workers at dys have?
Why is the child in state custody?
Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?
Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,
Can you take a child out of state if there is a custody date in court for custody?
No you can not.
Can the father stop the single mother from moving out of state with his child in CA?
Yes, if he has visitation rights or shared custody, she will need his consent.
If a parent takes their child out of state to stay for a month do they have to return the child to the primary custodial parent?
Yes, unless the parent who has the child also holds sole physical and legal custody.
When you give custody of your child to their grandparent and you want to move out of state but want visits can the judge stop you from moving?
Possibly, depending on where you live. You would need to provide your state of residence as well as outline whether or not your parental rights were terminated when your grandparent obtained custody of your child.
How do i receive child support from both parents?
Child support is not paid to the child. It would be payable to the person who currently has legal custody of the child or to the State if the State has custody.
In the state of Oklahoma married couple separate with no custody of child and primary parent wants to move?
By mutual agreement you may have decided between you who wishes to be considered the primary parent. HOWEVER - if there was no custody order, then no legally enforceable "Primary Parent" has been designated by the court. There may be a problem if the self-appointed 'primary parent' wants to leave the state with the child. You both REALLY need to see an attorney before this becomes a VERY bad situation for both of you... and your child.
