Is it possible for a parent to get joint custody if he/she leaves outside of the state the children lives in?
537151
Any questions about custody should be asked to a lawyer. The 1st consultation w/ a lawyer is usually free. Your b/f can find out what his rights are at that time. I would also caution this ... Since you have been together for only 3 months, make sure he wants to move back only for his daughters and not for his ex g/f. Im surprised he got you pregnant after going thru what he is now. I wouldve been more careful or at least planned better. But thats a decision u two made and thats ok. Good luck in whatever he chooses and I do hope his lil girls get the daddy they deserve.
114530
Very easily. Your moving his son out of state would interfere with the visitation rights granted to him by the court.\nThe only way you could move would be to take the matter back into court. He would have to give his consent, and the terms of his visitation would be changed.\nIf he's against the move, you're not likely to win this one.\nIf he was okay with it, what is likely to happen would be that the child would live with him in the summer months, and he would be able to come to where you live and visit on several major holidays. Taking the boy back to his motel, or whatever, for the days allowed.
113182
usually its both till one of you go and get custody. but in the meantime if one or the other leaves and takes the child with him/her nothing can be done if no custody is awarded because legally that person has the right. possession being 9/10 of the law
375013
If you have legal & physical custody, I don't think there would be any punishment - unless (possibly) you've got some sort of legal agreement with an ex or other person about NOT being able to leave Massachusettes with the child.\n\nThe USA is a free country, we're free to go wherever we want whenever we want with our children.
137146
It mostly depends on what the court said (or you set up) at the time of the divorce and the awarding of custody.  It is possible you have no rights at all, right now.  But you can always go to court to modify the existing arrangement, and you should do so to guarantee you have visitation rights if you have no formal, legal agreement.\n\nThe California Supreme Court issued a ruling just recently which made it easier for a court to allow a custoiial parent to move out of state with the child.
548519
i would think that you would have to go through social services to be placed there. or they could go to court and have themself declaired independant of thier parents.
463119
Only one person can have legal custody of the children.  Whoever has the most recent custody order has legal custody of the children.  \n\nProvided the court that issued the most recent custody order had jurisdiction to do so, its ruling counts in every state.  \n\nThe basis from this comes from the full faith and credit clause of the constitution.  One state can't ignore a valid ruling from another state.\n\nIf your dad has the most recent custody order and yo go get your kids, its kidnapping, if you take them across state lines, it become a federal offense.  You better make sure you know what you're doing before you take any action.
722623
Move to Australia... the best interests of the child are paramount... children have rights not parents.. they only have responsibilities.. there is no such thing as "custody" as it denotes ownership and children are not possessions.. there is only a resident parent and a contact parent and new legislation July 2006 will mean that there is a presumption of shared parenting on an equal basis....
506777
Hmmm...she better return to MI asap...if that is where they lived together as man and wife.  I lived in MI and they are very strict about both parents living in the same state so that the child always has access to both parents.  If she left the state, that is probably a point in his favor as far as custody goes.  I also went through this same thing with a friend of mine but she never left the state.\n\nRegardless of who gets custody, if the case is decided by Michigan, both parents will have to reside in that state...UNLESS one parent agrees that the  other may leave and the court approves it.  My friend has custody of their kids but the ex will not give permission for her/them to leave the state so the court says she must stay...even though it is documented (in police reports and court records) that he abused her.  MI wants both parents to have access to their kids.\n\nYour friend better get an attorney who knows MI child custody laws even if she has to return to MI to do so.  If she wants to keep her daughter, she needs to do whatever it takes.
626377
From my personal experience, if you and your spouse have joint custody, then the custodial parent has to have permission from the non-custodial, in writing (through your attorneys) and visitation privileges changed since the children will be living out of state.  The non-custodial needs to make sure he is getting quality and ample visitation time as the agreement will be binding 18 yrs. and would surely have a profound effect of the children if the changes are not fair.  If you do have joint custody, then you do have the right to fight the move and a judge will make the decision based on each case.  Again, my experience tells me that it is very hard for the custodial to pull up stakes and just leave without the blessing of the non-custodial.  If full custody was given to one parent, then they do have the right to go wherever they want, but you can get the visitation agreement changed so that the children spend ample time with both parents.  Good Luck!
811641
DEFINITELY discuss with your lawyer, but... \n\nRegardless of joint cutody or not, your ex will have say in whether you can move.\n\nIf you can PROVE hardship if you do not move, then the court is more likely to approve, but you must also then be able to PROVE your move will not cause financial hardship to your ex. \n\nif you believe you might move out of state, have this written into your papers NOW!\n\nDo not leave it to chance when the time comes. \n\nMy ex and I split and she moved out of state with my two daughters, but I agreed to the move and thus avoided a long court battle. \n\nProtect yourself, and consider what is best for your child...period. \n\nHope that helps.
593729
check with your lawyer before going. i have family that are divorced and they have to sign forms allowing their kids to leave the state even for a short amount of time...be safe.
1176256
These days laws and the enforcement of them is just Crazy. Anything seems possible, but as long as the daughter is not subjected to any unhealthy situations I don't think his ex has a leg to stand on. Good Luck!
615200
No, not generally.\n\nYou can do it pro se in a probate court.\n\nWhy do you want to "sign over" your baby?\n\nIt is easier to write an affidavit giving your mother custody and control until you decide you want your child back. Make sure it is in front of a notary. That way, when you decide you are able to care for your child, you can get custody back without going to court. Of course,, this may cause a problem in your household. This manner is perfectly legal in any state that I know of and it protects you from charges from CPS that you haven't made plans to care for your child. Also, it has to be a relative.\n\nIf you go to a probate court, or whatever court your state uses, you have to file which costs money and any statement you use for the reason, is sworn under oath and can be used against you. CPS gets many of these, including DV petitions, sworn under oath, that they and their children are abused and how, or they are unable to care for your child. They can use these petitions against you as they are under oath, even if you drop the DV.\n\nWhen you decide you want your child back your mother could file a motion not to allow this to happen. The court could assign a Guardian ad litem, which you pay for, and order you to do other things, like gat a substance abuse eval, psych eval.\n\nGoing to court could also get the father involved. I don;t know how you stand on that issue, but he could ask for legal custody. You can open a big can of worms going to court.\nI wish you well, and hope the reason you feel you need to you can resolve.\n\nLegal rights and custody are 2 different things. You are giving custody to someone to do what you are unable to, legally. The only way you lose your rights is if someone Terminates your rights in Court. They need a pretty damn good reason for this to ever occur.
107187
Are you bound to the state you are in because of being the custodial parent and your divorce decree states you must get permission from the court? I would suggest you speak to your divorce lawyer for correct advice. \n Or If you are on probation or paroll or something like that, in which you would need very specific permission from the correct authorities .\n Otherwise, I don't think there are any prison states... at least not yet, so we are still 'free' to move anywhere in this country, reguardless of our maritial status...
1001585
Wow. State Custody may be the best option.\n\nAre there any other family members that will be on the same continent as the mother? I'd suggest they may be good candidates.\n\nWill your sister move to your country?\nYou could all live in the same house and she could earn sweat equity toward rent with you by caring for your home while you work.\n\nShe may just need to let the kids stay with the state until she gets back on her feet -- or should I say on the in the first place!\n\nFoster Parents may be the best option for the kids given all the financial problems, young parents, lack of other immediate family within reasonable proximity!
541427
Get in touch with the Navy's Judge Advocate; you can visit your local navy base to get the ball rolling. The Navy does not take this kind of thing lightly and if you are supposed to have joint custody, they'll make it happen.