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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.

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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?

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8y ago
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12y ago

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).

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17y ago

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.

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14y ago

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 )

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16y ago

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.

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7y ago

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.

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12y ago

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.

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Q: You have joint legal custody and primary residential custody and the father is allowed reasonable visitation can you move out of state?
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Can a unmarried mother take a child from Ireland to England without the fathers consent if he has primary custody?

If he has primary custody or even visitation rights, you cannot take his child far enough away that he cannot readily exercise his custody/visitation rights unless he gives you permission to do so.


If you have joint custody with standard visitation and not living in the same city and you were to move near your ex is it possible to fight for 50 50 residential custody?

Certainly! Now that you live closer there is no reason you can't have the courts revise the custody papers and you have split custody of the child(ren). However, the two of you are adults and it's best (if you trust each other) that you try to settle things between you without having to go to court. If your ex is uncooperative it's time to have those custody papers revised.


How can a father gain custody rights to his children in the state of Kentucky?

If the parents are unmarried the father must establish his paternity legally. Once he has established his paternity he can petition for custody, visitation and a child support order can be established. Unless you can prove the mother is unfit to be a parent, it is really hard to take custody away from the mother in Kentucky. However, a father may be awarded joint custody or/and a visitation schedule. He should seek the help of an attorney who specializes in custody issues.


Can legal and physical custody be taken away from mother if she was assaulted by the father in 2009 in front of child and she stopped visitation?

She cannot stop visitations on her own for any reason. Only the court can change a visitation order. She must request that the court modify the visitation order and provide police reports detailing the assault. If she stops the visitations on her own she could lose custody.


Does the parent with sole custody have the Right to limit step parent visitation?

Step-parents have no rights to visitation unless ordered by the court. check with your local law liberary to get the laws in your state.

Related questions

Can you move your children out of state if you have residential custody?

There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.


What happens when the non custodial parent who shares joint custody gets awarded temporary custody with supervised visitation Supervised visitation is not being allowed?

by whom?


If you have joint custody and the parent with visitation will not return kids what do you do?

In most states that's considered parental abduction if you have primary residential.


What does it mean Louisiana if parents are awarded co-domicilary custody with one being named domicilary parent and the other awarded reasonable visitation?

It means that the child will reside with one parent and the other parent has been granted reasonable rights of visitation.


What if there is no custody agreement and one parent will not let the other parent see the children?

The parent who is not allowed visitation should petition the court to establish their paternity and request a visitation schedule.


Is an ex-wife allowed to see her children if she failed to appear in court for the custody hearring?

If she was awarded visitation rights in the custody hearing (and that can happen whether she was physically present at the hearing or not) or files a motion for visitation at any time and it is so ordered by the court, yes she may.


If your daughters father is jobless and is an alcoholic can you get full custody of your daughter?

You could make a good attempt to get main custody, but the mother would likely be allowed visitation etc. if she has a job and such herself.


What are the father's rights if he pays child support and has joint legal custody?

The mother has primary residential custody. However, the father has visitation rights which are likely set forth in a visitation schedule and he has the right to be included in any important decisions that affect the child. The father should review any documents related to his case including a separation agreement, visitation schedule, child support order and custody order.


Is modification of custody the same as modification of visitation?

if it involves joint custody


How do you file for custody if there has been no court order and the mother did not bring the child back after visitation in the State of Texas?

If you are not married and there is no custody or visitation order, she has custody automatically. The father have to prove paternity in court by a DNA test and then petition for custody or visitation. He can then also pay child support.


How do you get visitation if your ex has full custody?

You may arrange visitation through the courts.


If you pay child support can you see your child?

Child support and custody/visitation are separate issues. You should contact your local courts to file for visitation/custody if the custodial parent is denying visitation.