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Are you able to move out the state if you have joint custody of a child??

Posted by on Jul. 28, 2009 at 8:54 PM
  • 6 Replies

Are you able to move out the state if you have joint custody have a child??

by on Jul. 28, 2009 at 8:54 PM
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Replies (1-6):
calledmomma
by on Jul. 28, 2009 at 9:03 PM

 The thing to do would be check with your lawyer, I know it would not have been a problem for us before the current court order.  However our new order states that neither one of us is to move further from the other than our current distance, 5hrs.  However we have the pickup rule instated if you meet in the middle there may not be a problem.  Fair warning though after a certain distance most judges will implement an out of state agreement, the typical one is that whoever has the kids during the school year gives them up for every holiday and all summer to the other parent.  However if your ex is agreeable you may be able to work it out without involving the court too much just between lawyers, ours was not agreeable!  You will definately have to notify your ex as to new address, best idea is talk to your lawyer and go over your current agreement and see what necessary changes you will need.  Make sure it works best for your child, they are the ones the court cares about most, they want the children safe and not on the road for hours.  Good luck I hope it all works out for you! :)

kgsharber
by Bronze Member on Jul. 28, 2009 at 9:27 PM

Unless it says anything about it in your divorce decree or child visitation orders, then yes you can.

Most agreements do not have a stipulation uless you request it be put in there. 

CBtatt_splash-1.gif picture by whisperingdragon

jazzyandpat
by on Jul. 28, 2009 at 9:30 PM

yes you are able to.. unless you are told differnt. look at  your paper work and see what it says,

Earth-Angel
by on Jul. 29, 2009 at 12:08 AM

My sis has soul custody and her ex saw the child every other wk end and she couldn't take the kid out of state w/o his consent!



tiffanysgirls
by on Jul. 29, 2009 at 12:09 AM
Most states require you to submit a request in writing. The other parent then has 30 days to contest.
Padfoot55
by on Jul. 29, 2009 at 12:14 AM

 

Quoting Earth-Angel:

My sis has soul custody and her ex saw the child every other wk end and she couldn't take the kid out of state w/o his consent!



You are correct on this.

If you take the kids out of state w/o your ex's approval he can charge you w/ kidnapping. Even if you have soul custody of the kids. This happened to my uncles ex and one of her babies daddies.

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