Not without the permission of the court, and/or the other parent. Even if the other parent gives permission, you need to go to court to modify the visitation.
---- Except as otherwise explicitly provided, if the non-custodial parent resides more than 100 miles from the residence of the child, the non-custodial parent shall have the right to possession of the child as follows:
(1) every Spring school vacation from 6 p.m. on the day school recesses until 6 p.m. on the day before school resumes after that vacation;
(2) if the non-custodial parent:
(A) gives the Custodial parent written notice by May 1, of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 42 days between June 1 and August 31, to be extended in no more than two separate periods of at least seven consecutive days each; or
(B) does not give the custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27;
(5) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days notice on or after May 16 of each year, the custodial parent shall have possession of the child on any one weekend from Friday at 6 p.m. to 6 p.m. on the following Sunday during any one period of possession by the non-custodial parent under subdivision (4) of this subsection, provided that if a period of possession by the non-custodial parent exceeds 30 days, the custodial parent may have possession of the child under the terms of this subdivision on any two nonconsecutive weekends during that time period, and further provided that the custodial parent picks up the child from the non-custodial parent and returns the child to the same place; and
(6) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 30 days' written notice on or after May 16 of each year, the custodial parent may designate 21 days between June 1 and August 31, to be exercised in no more than two separate periods of at least seven consecutive days each, during which the non-custodial parent shall not have possession of the child, provided that the period or periods so designated do not interfere with the non-custodial parent's period or periods of extended summer possession or with Father's Day if the non-custodial parent is the father of the child.
(1) Where parents under this decree reside in different areas and the child(ren) must travel between parents by public transportation, the custodial parent is ordered to deliver the child(ren) at the beginning of each period of possession herein awarded to the non-custodial parent, to the appropriate transportation terminal in the custodial parent's city of residence. Further, the custodial parent is ordered to pick up the child(ren) at the termination of each period of possession herein granted to the non-custodial parent, at the appropriate transportation terminal in the custodial parent's city of residence. The non-custodial parent is hereby ordered to pick up the child(ren) at the appropriate transportation terminal in the non-custodial parent's city of residence. Further, the non-custodial parent is ordered to deliver the child(ren) at the end of each period of possession herein awarded to the non-custodial parent, to the appropriate transportation terminal in the non-custodial parent's city of residence.
(2) The custodial parent shall provide a $5000 cash or secured bond to the court, forfeited to the other parent upon violation of the terms of the visitation orders.
(3) The state of residency of the non-custodial parent shall retain all jurisdiction over the case, unless the non-custodial parent moves from the state.
(4) Both parents shall provide the children: (a) Computer, (b) High speed internet service, (c) A Firewire web cam, and (d) An electronic tablet, which will be used for frequent contact between the child(ren) parent not in residence, with the ability to help with any homework.
No, you cannot move a child out of state if you have joint custody.
By mutual agreement you may have decided between you who wishes to be considered the primary parent. HOWEVER - if there was no custody order, then no legally enforceable "Primary Parent" has been designated by the court. There may be a problem if the self-appointed 'primary parent' wants to leave the state with the child. You both REALLY need to see an attorney before this becomes a VERY bad situation for both of you... and your child.
You cannot legally move a child out of state if you don't have legal custody. You would be kidnapping that child. If you are an unmarried father you must obtain proof of your paternity through the court and then you can petition for custody. Otherwise, you have no parental rights and if you take the child it will be a law enforcement matter.
if you want
If you are of legal age and there is not court order of custody or visitation then you may move with your child wherever you so choose.
if you are refering to the child's home state/county, then the answer is yes. for example, you cannot move the child to another county, or state and petition that county court, or state court for custody rights.
Only with the other parent's and the courts permission.
No, unless a custody order is being violated, it is not kidnapping for the Father to move out of state with his own children.
No. If the child's' mother calls the police you could loss custody of your child and possible go to jail. If I was you I would contact a lawyer who specializes in child custody cases. If you can get a notarized letter from the mother saying it is okay and giving you full custody.
Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,
it depends on your custody papers and what they say... if you have joint custody NO.... if you have residential custody maybe with court allowing it.... if you have sole custody then you would need to inform him but you could leave!!!
You will need court permission to move the child or to exercise your visitation in an alternate location.