I have a upcoming court date for full cutody for me. I would like to live in Virginia but I am being told that I can not move without his permission, How do I go around this
Isobel - posted on 05/08/2011
I moved to another city before going to court for this very reason. Constance is incorrect...most custody agreements have an amendment that says you can't move a certain distance away from the other parent.
I suppose you could petition the court if there is a valid reason like it's the ONLY place you can get a job, but it's not going to be easy.
My hubby has full custody of our oldest (her bio mom spent the last 5 years living on the other side of the country) and any time we want to move out of our state we have to go to the court to ask permission. Even though the bio mom isn't even in our state, we still had to go ask the courts for permission (and right now it's a big hassle - my hubby got 3 seperate ob offers in a different country and we want to grab the opportunity but the courts are lagging SO MUCH that we may miss our opportunity). We're in California, by the way (sometimes these regulations can vary state to state).
IMO, you need to go down to your local family courthouse (or wherever your case is if you already have a custody case open) and ask the self-help center (or whatever they have) this question. Also, go talk to a lawyer. They know for sure what you need to do and it's always best to have someone in your side who knows all the lingo of the courts. If you cna't afford a lawyer, many states have programs where you can get free or heavily reduced rates for lawyer services. Ask at the family courthouse and they should be able to point you in the right direction.
The ONLY time I have ever heard of someone being able to make a major move with permission from the other parent was when the non-custodial parent's rights have been terminated, and that's a much longer process that appealing to the courts to allow you to move.
Constance - posted on 05/07/2011
If you have full custody you don't have to have the other pearents permission to move out of state. However you do have to go and have his visitation changed if you will not beable to keep up with the current order. After that you can move where ever you choose and by law you only have to update thecourts of you address to stay within the law of the court order. You also can keep custody in the courts where you live now and you don't have to move it to your new location. Unless there will be a problem when it comes to custody and you have to travel back to the original court to make any changes.
Where do you live now? Is it possible to just commute for the dad's visitation? That is true, even if you have full custody you can't move out of the state with your child unless you can guarantee to have your child where you are now for the scheduled visitation, etc. I'm not sure you have to have permission from the other parent to move, I think you just have to pay for the child's commute back and forth if you move.
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