answersLogoWhite

0


Best Answer

First, a injunction should be filed to stop the move, or have the parent ordered to return the child to the jurisdiction of the court. Further, a motion for contempt for interference in custody, and a motion to modify the custody order due to this violation.

User Avatar

Wiki User

12y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

11y ago

Your ex does not need your permission to move unless specifically outlined in the original custody order or is incorporated into prevailing law in your state of residence, however, she/he can't unilaterally decide she/he is decreasing your visitation because of it. You can ask the Court for a modification of the visitation schedule if the one in place will no longer work. You could ask for a change in custody, but the move in itself is not a material change in circumstances adverse to the best interest of the child. If she/he is moving for economic reasons (better job) or better support network (family to help with the child), then her position becomes stronger, particularly if she/he receives little or no support from you. A move that does not improve the current situation of the children would be what you need for a change in custody. You may also want the Court to address transportation cost. Most judges would prefer that you both meet with the child somewhere in the middle; however, some are of the opinion that the party moving away should pay all of the additional transportation expense.

Speak to a local family law attorney to explore your options.

Another Perspective

It depends on how far away they have relocated and if it affects the non-custodial parent's rights. Relocation is a serious issue when it comes to child custody. You need to review your divorce decree, custody order, parenting plan and visitation order. Next you must consider the relocation laws in your state. Many states require the consent of the non-custodial parent if the move is to another state or if it affects visitation rights. Each state has different rules. If the non-custodial parent objects to the move the court will schedule a hearing and you need to be prepared with good reasons to justify the move. You cannot simply disregard current court orders and move on. The orders may need to be modified. You should consult with an attorney who specializes in custody issues.

If the relocation has affected the non-custodial parents rights they should file a motion for contempt if any court orders are being violated.

This answer is:
User Avatar

User Avatar

Wiki User

11y ago

If there is a visitation order or if you were once married to whom you had a child with you can not move with out concent from a judge. You have to file the request to move and they have to notify the other parent of your request. The other parent has the right to fight you from being able to move and it is up to the judge if he or she chooses to fight you from moving. The judge will decide what is in the best interest for the child.

This answer is:
User Avatar

User Avatar

Wiki User

7y ago

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.

This answer is:
User Avatar

User Avatar

Wiki User

14y ago

It would depend on the distance of the move and state laws.

This answer is:
User Avatar

User Avatar

Wiki User

13y ago

Then they would lose all legal custody rights to the child.

This answer is:
User Avatar

User Avatar

Wiki User

12y ago

If the process outlined in your custody agreement is not met then the non custodial parent may retain counsel and return to court to pursue a change of custody.

This answer is:
User Avatar

User Avatar

Wiki User

11y ago

Not out of state and country, no. The court orders still have to work. You would need consent from both the other parent and the court.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Can one parent move without the shared custody parents permission?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Can a parent with joint custody move with child without the other parents permission?

no


Can a custody order of an 11 year old child be mandated for the grandparent without parents permission if the only parent is incarcerated?

yes


If you have joint custody can one parent get a travelling visa out of the county for the child without the other parent's permission?

no, even if you have sole custody


If divorced parents have joint legal custody can one parent give permission for their adolescent to go to mental health counseling without the other parent's permission?

With joint legal, one is still primary and thus has the authority to do so, but not without first discussing it with the other parent.


If you have joint custody can a parent send the child to away camp without permission from the other parent?

It is possible that a parent can solely take a decision for his or her child. However; It mainly depends on the agreement between parents.


If parents have joint custody can a 16 yr old boy live where he wants to liveif one parent gives permission?

Only with the permission of the other parent.


Can a parent move to another state if they have joint custody?

As long as they have the other parents permission i think.


If one parent gives permission to take a child 14 year old out of state is this legal?

If both parents have custody, you need the permission of both parents.


When can you get your lip pierced in TX without parent permission?

you have to be 14, in order to get it done without parents permission.


Can your friend watch your child without the non custodial parent's permission?

No, the non custodial parent cannot give permission to have a friend look after their child and non custodial means you have no custody rights so the permission should be granted by the parent that has custodial rights.AnswerIf you are the parent with legal custody you do not need the non-custodial parent's permission to allow your friend to watch your child. The parent who has legal custody has both the right and the authority to make that decision.


Can your 16 year old granddaughter live with you without parent permission?

In the US, no, not unless the court gives you custody/guardianship and the only way they will do that against the parents wishes is if the parents are proven to be unfit.


In Missouri is it illegal to move out of the school district without the other parent's permission?

If the parents don't have Joint Physical Custody, than no, but there is a 50 mile range limit.