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I have full custody?

I have had sole custody of my daughter since birth and now her father is on her birth cerificate and still has no custody and just visitation. Can he forbid me from taking my daughter out of state? A mediator told me that I am not allowed to even go one state over for one day. Is this true? He has no role in her life doesnt see her , care for her, or help financially but will take me to court if he feels I am going to visit family out of state.

I also am trying to decide if I want to move out of state for a better life for my daughter and I can I do that? The court did refuse to give him at the very least partial custody

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KayGia0704

Asked by KayGia0704 at 2:15 PM on Oct. 15, 2010 in General Parenting

Level 20 (9,835 Credits)
Answers (8)
  • Probably true, you usually have to get written permission either from the other parent, or the court to take your child out of state. If he has visitation, that is generally partial custody. You are the primary custodian, and the minor child lives with you....but if he has legal visitation that usually means "joint custody with the mother as primary custodian" or similar words.

    If a mediator told you that you can't leave, they are probably right. I would file for child support though. And you can petition the court for permission to move, and to take your child for vacations.

    Good Luck!
    ohwrite

    Answer by ohwrite at 2:19 PM on Oct. 15, 2010

  • During the visitation hearing the Judge repeated numerous times he will not have custody, full or joint. He has a temporary visitation order.
    KayGia0704

    Comment by KayGia0704 (original poster) at 2:22 PM on Oct. 15, 2010

  • You need to consult your lawyer. Also if you only have a temp order you need to have it added that since you are sole physical and decision making you CAN take her out of state without having to consult him.
    kjbennett26

    Answer by kjbennett26 at 2:27 PM on Oct. 15, 2010

  • These questions vary by state and ordinance. Contact a local family attorney for concrete answers to know for sure. You do not want to violate a court order!
    I would NOT automatically take the mediators word as they are not as versed in the current LAW as an attorney would be. Usually, you can take your child out of state for 30 - 90 days with or without the consent of the other parent and still be in compliance with the court order. Again this depends on your state and ordinance.
    If you want to leave the state, first, send a certified letter (copy - you keep the original) to the other parent requesting his permission and enclose a consent statement for him to sign (and get notarized) and include a SASE for him to send it back to you. Make copies of EVERYTHING including the envelopes for your records. Then (and don't wait to get an answer back) petition the court for permission to move out of state. *CONT'D*
    Babylove76

    Answer by Babylove76 at 2:53 PM on Oct. 15, 2010

  • Include, in your petition to the judge the reasons it would be better for your child, where you will live, where you will work, where your child will attend school/daycare, etc. The more positive information you give the better. File this with the clerk of courts and you will be given a hearing date. Make copies of the filed petition and copy them to the other parent, any and all attorneys involved and any other party (GAL, etc). Keep the originals. Then begin building your case to move and evidence that it is better for the child. GL and PM me with any other questions. If you are on any gov't assistance (food stamps, etc) you can file for indigency and not be required to pay any filing/court fees.
    Babylove76

    Answer by Babylove76 at 2:57 PM on Oct. 15, 2010

  • Different by State. I would get an Attorney.
    martinmommy26

    Answer by martinmommy26 at 5:43 PM on Oct. 15, 2010

  • Full custody yea you'd need his permission, if you have a sole custody no you do not need his permission, if I were you I'd look into what kinda custody you have.
    rhonda111787

    Answer by rhonda111787 at 10:12 PM on Oct. 15, 2010

  • to move out of state you probably have to petition the court. To leave the state as someone with FULL custody (this may vary from state to state), for a vacation (for example), so long as he(the father) is aware and agrees and doesnt' file a petition against it, it's not illegal. However it's best to have him sign an "okay" slip, just in case he decides to file a petition to be a jerk.

    Normally if you have full custody though, the courts will okay the move, they will just change his visitation schedule to fit both your needs, which is why filing with the court is the best options because yes he can go back to court with a petition saying the move restricts him from his rights to visitation and yes you can get into trouble for violating his visitation rights schedule and it can be used against you.
    xxhazeldovexx

    Answer by xxhazeldovexx at 1:31 AM on Oct. 16, 2010

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