You have joint legal custody and primary residential custody and the father is allowed reasonable visitation can you move out of state?

Answer 1

No. A minor cannot be removed from the jurisdiction in which the custody was awarded, without the permission of the other parent and the Family Court.

In FL our lawyer told us it is the other parents permission OR that of the family court. But that both are not necessary to move with the child.

ANSWER

In NZ i had a similar experience where i wanted to leave for Australia and in order to do so i had to apply to the family court for an order of removal of child and in order for the family court to grant my application i had to have the other parents approval or a valid reason for wanting to move that was in the best interests of the child ie for financial reasons health etc and i also had to grant regular access to the father which did result in split costs of his airfare to Aussie to see his child. The only way around this is if you and the biological parent where not married or living together before or after the birth of your child, this would make him a non guardian and therefore not entitled to a say in the child's life and for that reason you could contest the joint custody.

you?

Answer 2

Yes. Joint legal custody means that both parents have the right to make decisions in regards to their child's educational, medical,and religious needs. The parents are to agree mutually in regards to all the above and if decisions can not be made the courts may need to become involved (by either party stating their reason why a change should or should not be made in regards to issue at hand).

Answer 3

If there are not stipulations in the custodial order relating to the change of residence of either parent, the father can request the court to not allow the mother to move out of state with the minor children or grant him full or primary physical custody rights. Please be advised, if the move is for good cause, such as a job transfer then it is unlikely the court will agree to block the move.

Answer 4

In most situations, a custodial parent must notify the court of an intended out of state move, as it affects the non custodial parent's visitation rights. At that time, the non custodial parent can present evidence as to why they feel that moving the child is not in the child's best interest and petition for a change of custodial rights. The judge may or may not agree, but, will make a decision and change the order for visitation and support as needed. Pending this court action, the non custodial parent can petition the court for a stay or restraining order informing the custodial parent that it is unlawful to remove the child from their state of residence until a decision can be reached. I warn you against using the child as leverage to plot some sort of revenge against your spouse. The Judge can see through these attempts and any kind of leverage that you may have had in splitting travel expenses, or extending visitation periods will be lost. On the other hand, if you can provide a stable home environment for the child and nothing else needs to be changed, such as what school they are attending and if moved the custodial parent will not have a stable home or income, then you may be able to stop it. The court does not care what is best for you, only what is best for the child. In short, yes, you can file for the court to stop the child from moving out of state until the case can be heard. ( your local state laws may differ though so contact a lawyer )

Answer 5

If it is in in the Indian context, then you will have to take permission from the court to take the child out of the State. Remember that the father has visitation rights and your taking the child out of the state shall have a directly negativebearing on such rights of the father. In custody matters,what weighs with the court is the welfare and wellbeing of the child and not the wishes and convenienceof the individual parents. So if on a petition presented to the court, you can satisfy that it is in the inerests of the wellbeing and welfare of the child that the child must be moved out of the state, you have a chance to succeed.

Answer 6

Yes. You cannot make any move that would interfere with her father's visitation and custodial rights.

Generally when the parent of a minor child wishes to move out of state or to a location where the distance would affect the visitation and custodial rights of the other parent, that parent must seek the approval of the other parent and should obtain an order from the court granting them permission to relocate the child. The existing orders would need to be modified.

Your first step should be to try to work out some new arrangement with the other parent and seek his 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 that is in the best interest of the child.

In any case, you cannot ignore the current court order for custody and visitations. It must be modified.

Answer 7

In most states you do. There are forms you can find online and have both the father and the mother sign them in front of a notary. I have done it in my case just as a safety measure.