That depends on state law in the jurisdiction where the custody order was issued. Some states will not allow the custodial parent to move beyond a certain distance when taking the children at least not without court approval, and may reject the notice of intent to relocate if such a relocation would present an insurmountable obstacle on the part of the non-custodial parent's ability to maintain visitation or otherwise not be in the best interests of the children.
Read your custody order and get an informed opinion from an attorney in your state of residence for an informed opinion of your rights and limitations.
Since you have joint custody you would have to go to court if she chose to even move to another town several hundred miles away and if she decided to move to another State or country, she would need your permission. Going to court provides equal opportunity for you and your ex to share the children and to come to a decent compromise. Marcy
Best Interests of the children. Are you talking about physical custody or legal custody? Visitation schedule? Hopefully the parents can work it out in concilation court. for more details see steveshorr.com ANSWER:: my parents are divorced and live three hours away from each other and have joint custody so it is possible.
In this type of situation, the children live with both parents in a shared role but one of those households would have been assigned as the primary residence for the child.
Why are there two orders? Which was filed first? Where do the children live?
There are no distance requirements for joint custody.
It can if there's a concern for safety or health. Why not grant the child joint physical custody of you? see related link
Yes, but the children goes to the other parent to live while you're gone.
Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together.
* The best thing to do is see a lawyer and your husband's lawyer and your lawyer will decide who gets what and if any children are involved who they will live with or if there will be joint custody.
No. Married parents have equal rights where their children are concerned. Legal joint custody means you have an equal right to make decisions that affect the children. If the two of you cannot agree then a court will need to break the impasse.No. Married parents have equal rights where their children are concerned. Legal joint custody means you have an equal right to make decisions that affect the children. If the two of you cannot agree then a court will need to break the impasse.No. Married parents have equal rights where their children are concerned. Legal joint custody means you have an equal right to make decisions that affect the children. If the two of you cannot agree then a court will need to break the impasse.No. Married parents have equal rights where their children are concerned. Legal joint custody means you have an equal right to make decisions that affect the children. If the two of you cannot agree then a court will need to break the impasse.
File an injunction ordering the child be returned. But, be prepared for a false allegation, which is common in these cases.
In order to get interim custody, you will need to petition the court. When children live with one parent, and the other has visitation, but there is no order in place, the parent whom the children live with has what is called defacto custody.