Can joint custody be in different states?

Answer 1

Moving Out of StateThis is all dependent on the State in which you live. I am a paralegal and also a mother that has joint custody with the father and I have legally removed my children from the state where we all lived. There should be a portion of your Parenting Plan/Domestic Relations Affidavit that directs you on how you are to handle this. If there is not, you need to call the clerk of the court in the county where the custody papers were issued, and ask what you need to do. In MOST states, you have to send the other party a certified, registered, return receipt letter stating the city and state that you are planning on relocating to. The opposing parent has 30 days to respond, in writing. If they do not, you are free to go. If they do respond and it goes to court, you generally have to prove to a Family Court judge that the benefits of moving the child far outweigh the detriment that the lack of the second parental involvement would have

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• Watch out if you have joint custody and you live in the same county. He can take you to court and make it where you can't leave the state. But if you have a man that wouldn't do that, it's more likely he will have them for the Summer and maybe Christmas here and there.

• You made an legal, binding agreement. Live with it, or surrender custody.

• If you have joint then you will need to let the father know that you are planning to leave, But he can take you to court and make you stay in the same county. If he doesn't mind and lets you go then sure but if he takes you to court them you might have to stay, it's up to the judge then. If you just go he could call the cops about you stealing the child.

• Any lawyer would have to prove that either it is in the best interest of the child or not the best interest of the child. Also one point to be taken into consideration is if there are other siblings that are not by that father as well. The courts will find it is best to keep siblings together. With an agreement of liberal visitations there should not be any problems if you both can work it out in that manner. Also another fact is that if the physical placement is with you and the child knows you the best, the judge may also look at the fact that if the mother is not happy the child will not be happy and this situation could disrupt the whole family long term. Consult with an attorney because to prove it is not in the child's best interest is what the other party needs to do.

Answer 2

I doubt you can move with your children without, at least, notice. Check your State law.

Here in Oklahoma, State law forbids the custodial parent from moving the custodial home more than 75 miles without giving sixty days advanced notice to all persons having any right to custody or visitation. If those persons do not object within 30 days, she can move the home. If they object, they can file a court action, including a motion for change of custody, which, in Oklahoma, everything else being even, is likely to be granted.

However, in New York, its not likely to be granted (e.g. I once saw a case where a women was allowed to move to California with her children to advance her career).

Answer 3

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.

Answer 4

I would be necessary to give the other parent notice of the pending vacation plans. Whether or not you would need permission from that parent to take an out of state trip depends upon the terms of the custodial order and the laws of the state in which the order was issued.

Answer 5

United States

Generally no, not permanently nor long term. That parent cannot interfere with the parental rights of the other parent which include the visitation schedule. They need to return to court and request a modification of the existing orders. It depends on the circumstances and the case will go more smoothly if the other parent consents.

Answer 6

No, not if you have joint custody of the child by court. If the other gaurdian only has vistitation rights then NO WAY can you child be removed from the state without your consent, unless it is a holiday.

Answer 7

For vacations and visits to relatives and friends yes but they should notify the other parent of the length of the visit, where they will be going and how to contact them. They cannot leave the state long term or permanently. For that they would need the other parent's consent and a modification of the custody and visitation orders. If the other parent does not consent then a judge will hear testimony about the reason for the move and render a decision.

Answer 8

No. You must seek permission from the court that has jurisdiction over your case. You cannot make any changes in the other parent's access to your child without a modification from the court. Your first step should be to try to work out some new arrangement with the other parent and seek their cooperation. The court will look favorably upon an agreement reached between the parties and will likely approve it. If the parent's cannot agree the judge will hear testimony and render a decision.

Answer 9

You have the right to move anywhere. However, you cannot take the children with you. You cannot interfere with the father's visitation rights without seeking a modification of the custody and visitation orders that have been issued by the court. It will go more smoothly if the father will consent. However, he has the right to object and in that case the court will decide based on the best interest of the children.

Answer 10

Yes in some cases if you have good reasons to move. You always have the option of leaving the child with the other parent.