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3 Bumps

My family and I (including my 1 yr old daughter) are moving out of state in I need to get permission from her father in a court setting or in a legal document?

I'm going to call my lawyer on Monday but I was just wondering if anyone knows about this kind of stuff...

I have a 1 year old daughter...I have full custody and her father was only granted supervised visitations once a week for 3 hours. We were married, and are now divorced and we get along pretty well...he understands that in my situation right now, I have no choice but to move so he's already given me verbal permission to take our daughter out of the state. He also agreed to sign a paper, written by myself acknowledging that he gives me permission to do so as well and we are going to have it notarized.

Is there any need for me to get his permission in a court setting or have a legal document saying so?

We live in Ohio right now, if that makes a difference.

Answer Question

Asked by Anonymous at 9:53 PM on Oct. 29, 2010 in Relationships

Answers (9)
  • You sure better. In most states he can press charges against you for removing his child without a court order or at minimum his written approval that the court has accepted.

    Answer by GrnEyedGrandma at 9:54 PM on Oct. 29, 2010

  • You need a notarized statement signed by both of you, or he can take you to court for parental kidnapping.

    Answer by Musicmom80 at 9:55 PM on Oct. 29, 2010

  • You've done all you need to do. He has given you permission. But I think you are responsible for making sure he stillg ets to see her when he is supposed to. Like he doesn't have to come to you. If he asks you to come to him then you have to because the original agreement for visitation was made in Ohio. Don't take my word for it though.

    Answer by Queentdi at 9:56 PM on Oct. 29, 2010

  • @GrnEydGrandma - she said he agreed to get a statement notarized...

    Answer by nessani28 at 9:59 PM on Oct. 29, 2010

  • @nessani28 - Yes, it says she will have it notarized, but what GrnEydGrandma is stating is that it has to be ACCEPTED by the courts...just because a document/paper is notarized doesn't mean the court can/will accept it....And OP, you better make sure everything with visitations is squared away as well. Queendi is right, you could end up footing the bill to send your DD back for visits. Alot of times (depending on the original agreement) the expense of travel is put upon the parent that moved...sometimes it's split 50/50. Start making a list of questions now that you can ask your lawyer on Monday (that way you won't forget anything!). Bets of luck mama!

    Answer by HaydensMama07 at 10:14 PM on Oct. 29, 2010

  • You guys absolutely need to take this back to court to get the original order amended and to let the record reflect that he's OK with you moving your daughter out of state. Otherwise, it could come back to bite you, big time.

    Answer by MommaofH2 at 10:23 PM on Oct. 29, 2010

  • Why would she have to send her daughter to him for visits? She said he only sees their daughter once a week SUPERVISED and it's a one year on Earth do you guys think the court is going to order her to send her ONE YEAR old on a plane to see her dad?

    Answer by nessani28 at 10:32 PM on Oct. 29, 2010

  • I don't think so, but it's best to get a new visitation schedule documented in court - if the visitation would change once you move because if you don't comply he could always try to use that against you despite that the reason is an out-of-state move and I know where I live you have to live in that state for at least 6 months before filing a court appearance there so it's best to just file the new visitation schedule in the state that you currently live in.

    Answer by anon1986East at 11:00 PM on Oct. 29, 2010

  • I would get court approval just to be on the safe side! It will also have to include arrangements for visitations as the child gets older.

    Answer by 4_28_bbboy at 11:21 PM on Oct. 29, 2010

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