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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.
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8y ago
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8y ago

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).

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17y ago

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.

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17y ago

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.

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11y ago

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.

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14y ago

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.

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9y ago

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.

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7y ago

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.

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6y ago

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.

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11y ago

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

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Q: Can joint custody be in different states?
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Can a parent who shares joint custody move to a different city but is staying within the same state?

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.


How do courts determine when to award joint custody?

There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney regarding this question. About 90% of divorce cases are settled out of court, though, and most joint custody is established this way. Judges will rarely change an arrangement that has been established by the parents. The legal status of joint custody may eventually change. Supreme Court decisions have found parental rights to be guaranteed by the Constitution. Because a fundamental right cannot be denied without a compelling state interest that cannot be achieved by any less restrictive means, some legal scholars believe that, in the absence of abuse or neglect, parents have a right to both legal and physical joint custody (Canackos, 1981; Robinson, 1985). This theory has not been tested in court. [This answer was excerpted from "Questions and s About Joint Custody" by Rick Kuhn.] References: Canacakos, Ellen. "Joint Custody as a Fundamental Right", Arizona Law Review, Vol. 23, 1981. Robinson, Holly. "Joint Custody: Constitutional Imperatives", University of Cincinnati Law Review, 1985.


What are the release dates for Joint Custody - 2005 TV?

Joint Custody - 2005 TV was released on: USA: 2005


What are the release dates for Joint Custody A New Kind of Family - 1984?

Joint Custody A New Kind of Family - 1984 was released on: USA: May 1984


What is a managing conservator?

It is a term used in some states to indicate who retains custody of a minor child. If parents share equal custody they are joint managing conservators. If one parent retains primary custody he or she is the sole conservator and the non-custodial parent is the possessory conservator.

Related questions

I share joint legal custody and am the physical custodian I need to find the law that states that the primary custody has the final say?

You don't with joint legal.


States with presumptive joint custody?

Presumptive joint custody is not mandated by any specific state in the United States. Joint custody decisions are typically made on a case-by-case basis, taking into consideration the best interests of the child. However, some states, such as Arizona, California, and Nevada, have passed legislation that encourages joint custody arrangements and minimize preferential treatment for one parent over the other. Ultimately, joint custody decisions are up to the discretion of the court in each individual case.


Is Pennsylvania a joint custody state?

When it pertains to custodial issues related to minor children all US states have laws that allow for sole and joint custody by the biological parents.


Can you get sole custody if your spouse still legally married has moved out of state?

Most states lean toward Joint Legal Custody with primary residential custody


Can you move out of the school district if you have joint custody?

Not with joint physical custody.


How difficult is it to get sole custody after having shared parenting or is each situation different?

I think every situation is different. My parents have joint custody over me.


Is it a violation of court order when the mother does not share medical and school information when you have joint custody?

Yes, if you have joint legal custody.Yes, if you have joint legal custody.Yes, if you have joint legal custody.Yes, if you have joint legal custody.


Can kids go to two different school if you have joint custody?

No, and it would be horrible for the child.


Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?

If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.


How is joint custody of a child decided?

Joint custody of a child can be decided by the parents whereby they share responsibilities for the child. Schedules can be worked out so the child spends time with both parents. Courts can also decide to award parents joint custody in the case of legal disputes and indeed some states have a preference for this in law.


What happens when a cutodial parent is denied joint custody of a minor child?

WHY, were you denied joint custody? There must be some reason that a custodial parent would then be denied joint custody.


What are the 49 states unmarried mothers have sole custody?

There is no such provision for 49 states. In some states, a mother is presumed to have sole custody if no father is named on the birth certificate, in other states, a mother is presumed to have initial custody under the same circumstances, other states presume joint custody even if no father is named (someone had to do it, right?) and some states have no presumption of custody at all. For the law in each state, you will have to do your own homework on that.