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I have papers that say i have sole custody if our daugther and it states in the papers that I have final say in were my childs primary residence is. And in the papers it also states that the father doesnt want me to move 50 miles of him and that I dont agree with that. (thats all in the papers) Now Im looking to relocate from New York to Las Vegas. I was offered a much better paying job and since my child has asthma her health would benefit from it. If the father dont dont agree what are my chances of taking her.
Last edited by im done; 08-04-2009 at 08:48 AM..
Reason: word spelt wrong
I have papers that say i have sole custody if our daugther and it states in the papers that I have final say in were my childs primary residence is. And in the papers it also states that the father doesnt want me to move 50 miles of him and that I dont agree with that. (thats all in the papers) Now Im looking to relocate from New York to Las Vegas. I was offered a much better paying job and since my child has asthma her health would benefit from it. If the father dont dont agree what are my chances of taking her.
zero
When are people going to realize that you cannot move a child away from the visiting parent without an agreement or a court order (very difficult to obtain to change a visitation agreement in this way)?
For example, in South Carolina, the standard visitation is that if the custodial parent moves more than 15 miles away, the custodial parent has to drop off the child at the original residence, and the visiting parent must pick up and drop off the child at the original residence. So, if you have custody, you and the child can move anywhere in the world you want, but you will have to transport the child to the original residence for visitation and back, at your expense, or you will be charged with contempt of visitation.
You have to have the permission of the other parent or the court to move the child from the jurisdiction if visitation is involved.
Depends on your custody agreement. Some (like the fairly standard one here in Texas) only require you to give formal, advanced notice, so the NCP has a chance to object in court, but this is different from getting permission.
JS1.. As i stated above I have papers and I stated in my question what the papers state. Just because I have a child with him dosent mean that he has control over my life until she is 18 years of age. He hasnt paid child support for her in 3 years and hasnt had her for weekend visitaion but twice since January 2009 and the only reason he had her was because I had to go away for business. So much for the visitation with the father.
OK, so in the papers it says you cannot move 50 miles away but then you say that you don't agree with that? Is it in the agreement or not?
If the papers say that you cannot move more than 50 miles away, then it means YOU CANNOT MOVE MORE THAN 50 MILES AWAY. Sorry for the all caps but it needs to be emphasized. It does not matter if you didn't really agree but signed anyway, or that you refused to sign it but a judge overruled you on that point and made it a court order, or that you changed your mind, or that you think it would be better for you, or that you think it would be better for your child, or you think that your ex deserves it because he is behind on child support, or you think that your ex deserves it because he doesn't fully utilize his visitation rights.
If you move more than 50 miles away and your ex prosecutes you, you are going to be held in contempt of court.
An agreement can be changed if both parties agree to a modification. If not, you're stuck, so make do.
JS1.. I UNDERSTAND WHAT YOU ARE SAYING... But.. I just came back from court and I CAN MOVE WITH MY CHILD.. I will repeat what the judge stated in court.. The father requested that you not moved more than 50 miles with the child and the mother put it in writting that SHE DOES NOT AGREE. The judge stated that The FATHER should have never have signed the papers because he was putting in a request in writting and I also replyed to his request with telling him that I dont agree with it and in my papers it states [SIZE=3]The mother having exclusive right to designate the primary residence of the above said [/SIZE]child. And on another note being a parent is not a part time gig. Either your a parent or you are not. My child is not a toy that you can play with whne u have nothing else going on and then put it away when u have no time for her. You can not say that you cant pay for your child becuase u cant afford it and then go out and buy a motorcycle that cost 14,000.00 and gloat over it when your child is in need. And trust me this has nothing to do with me this is all about my child and ehat is best for her. My child was told by me that she dosent have to move with me she can stay with her father and she choose to stay with me. So Iam moving with her and she will have a much better life. Thank you
JS1... One more thing I was never married to my childs father. I was just in a 15 year long relationship that ended 3 1/2 years ago. And you sound like a very scorned person. I hope only the very best for you....
JS1... One more thing I was never married to my childs father. I was just in a 15 year long relationship that ended 3 1/2 years ago. And you sound like a very scorned person. I hope only the very best for you....
I think this topic had more to do with divorce, visitation, custody. If you were never married, your situation is not the same thing. You broke up with a lover but your child wasn't part of a marriage.
No the child is not part of a marrage but the child is his.....
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