Can you do Joint Custody if you ex plans to leave with your kid to another state?
Is it considered joint custody if your ex leaves the state 40-50 miles away or does that person have to live in close proximity. I want to do joint custody but stay close.
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Tagged with: close proximity • joint custody • leaves • Live 105
Filed under: Ways To Get An Ex Back
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The parent cannot move the child out of state without the non custodial parents permission.
Your ex needs to get permission from the courts to leave the state with your child!!
Anytime your ex spouse takes the kids out of state, he or she needs permission from the court and from you. They are your kids as well.
Custody has to do with who makes decisions about the child, not necessarily about where they live. A "primary" custodian may have the majority of custody time, but if you have joint custody and your ex-spouse has primary custody (IE, the majority of the living time), your spouse can take your child whereever they want, just so long as you are informed of where they live (and that the living arrangements aren’t grossly violated). Incidentally, you can ALSO live where-ever you want as well—and bring your child to your home for your time with him/her. But..in a word, yes, Joint Custody is perfectly acceptable, even if your ex plans to live in another country…so long as the two of you share decisions about how the child is raised and can come to some equitable time and living arrangements.
You can but your ex must have permission from you and the courts to take that child out of your current state of residence. You must then make an amendment to your child custody agreement about who will pay which parts of the child’s travel expenses between you and the other parent. Once you have decided on all of this then if they fail to produce the child during your assigned times you can go to the courts and file charges on the other parent for preventing you from seeing your child. It will also effect your child support payments so be sure you know where they are at all times. Good luck!
Yes, you can still have joint custody rights. There are actually two parts of joint custody to consider:
Joint Physical Custody-
This refers to where the kids live. You can work out visitation with the other parent however it works for you, your ex and the kids. Even if one parent only has the kids living with them one weekend a month, it can still be considered joint physical custody.
Joint Legal Custody-
This term refers to who is authorized to make legal decisions on your child’s behalf. Such things as what school they will attend, religious affiliation and medical care can be made by parents with legal custody of their children.
Bottom line is, joint custody is ultimately decided by you and your ex ( or the courts, if you cannot reach a decision together.) Distance has nothing to do with it. The most important thing to do is to work out the details of how it will all work with your ex BEFORE they move. Then have the details included in your divorce decree.
Meltings, that’s not necessarily accurate.
A parent who leaves the state must get permission from the courts to do so ONLY if the absent parent is currently paying child support and has been given joint custody of the children.
If the absent parent (absent meaning doesn’t reside in the same home w/kids) is NOT paying child support then the custodial parent has every right to leave the state without permission from any courts.
I know this to be true because it happened to me. My daughter’s father was paying child support and the courts issued him joint custody. He suddenly stopped paying, I took him to court and he was ordered to get a job in which he never did. I wanted to relocate up north and went to the courts to see if it’ll be a problem and was told by a mediator as long as her father is not paying child support then he automatically forfeited his right to joint-custody and any objections to me relocating his daughter out of the state.
Hope this helps hun:).
~K
It will state in the divorce papers that you cannot move within 90 miles of where the child resides. The court must approve a move and if the other one wants to move out of state – after there already is a 50/50 in order – that the other parent may get the children.
For joint custody – unless it’s been otherwise SPECIFICALLY STATED in your custody paper work – either parent can take the child anywhere they want if the timeline is followed. Meaning – if you have agreed that parent 1 has the child for week of Thanksgiving and parent 2 has child week of Christmas and it has not been SPECIFICALLY STATED in your custody paperwork that neither parent can leave the state or country, than parent 2 has every right to bring the child wherever they choose for that Christmas week. Make sure you have your lawyer SPECIFICALLY STATE in your custody paperwork that the other parent CANNOT leave the state, or the country without permission. However, the same rule will apply to you as well. So be wise.
if the parents are not married, the mother has all the rights to leave the state. although the child remains ward of the state for 6 months then to the state she was taken to. my son is going thru this, he came home from work on day and they were gone, lawyer said he had to establish paternity eventhough his name is on birthcertificate and they have lived w him her whole 3 yrs of her life and the mom was there for 7. this is in TN