From some of the answers I have seen it seems that a judge would most likely allow 50/50 living arrangments. What rights does the father have in a joint custody situation to stop the mother from moving out of state. Would a court stop her?
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First of all you will have to READ your divorce papers under Custody. If it doesn’t state that she can not leave the state without our permission then the court will not be able to stop her. It HAS to state IN the Papers that YOU and your EX SIGNED whether she can leave the state with the children or not. If it does not then YOU dropped the ball. The rights you have are determined by the divorce papers that YOU signed.
16 yrs or so ago, in CA, they tried to pass a ‘move away’ law not allowing the custodial parent to move out of state, it was shot down. Especially if the custodial parent would have a better living for him/her and the kids by living out of state, meaning the reason for moving was a job.
Check with a lawyer as I don’t know if anything has changed since then.
It is possible to keep her from moving out of state. Several of the answers on here are right. The judge may set a mileage limit, he may just tell her she can’t move out of state, or he could let her move but the transportation for visitation would be at her cost. A lot depends on why she wants to move out of state, if she is moving for a hardship and wants to go where she has family to help her the judge may allow it. If you are in the process of divorce make sure all this is in the divorce decree, that’s the simplest way. I have a friend who has it in his divorce that neither of them can move more than 60 miles from each other without giving up their parental rights.
Yes they would. Go to court now to stop her before she leaves. Joint custody means just that. How can you have joint custody if she moves. She will be breaking the law, so I would stop her and get full custody of the kids before she flees with them, and you never see them again
ask the court for an injunction against her moving out of state…then find a way to paint her as a Britney Spears type of mother-from-hell, and get 100%, unlimited custody…then you move out of state and brainwash the kids into understanding what kind of a shrew their mother is…
YES, with the help of a LAWYER, you CAN put mileage stipulations on how far your children live from you – - the CATCH is that it depends on how much child support you are paying and IF you COULD actually afford to visit often if they moved across the US – - get your lawyer to state EMOTIONAL attachment reasons, not monetary, for wanting your kids to be relatively close to you.
Yes, If the Judgment has decided that the father has visitation rights spelled out in the divorce decree.The court would tell the Mother even if she has custodial control of the child that she can move a certain distance only so that you the father can have the visitation rights spelled out in the divorce.
Yes it could be stop but you must file for joint parental custody, meaning no decisions could be made without your approval
Courts have been known to stop any traveling and moving during divorce proceedings. Ask your lawyer.