Friday, August 20, 2010

Would I need full custody of my child if I recently got married and previous spouse does not want me to move?

I was with my daughter's dad for years. We have also been separated for the past three years. i recently got married, now I would like to move with my husband which is about 100 miles away. To go to that distance would I need a court order or since I am the babys primary parents am I allowed to take her with me whether her father allows me to or not. What are the chances I will win the custody?Would I need full custody of my child if I recently got married and previous spouse does not want me to move?
There must be a court order in place now that outlines your ability to move. If nothing else, there is a provision that requires you to serve him notice of at least 60 days of your intent to move, where you're planning to move, etc...





That gives him proper time to contest the move should he choose to do so. It is a difficult thing to convince a judge that moving is in a child's best interest and not your own. In fact, this situation is specifically beneficial to you and not the child. YOU got married and therefore you want to move away with your new husband.





An unbiased judge would do one of two things. Order that the child remain in the same county and that if you move custody shall be changed. Or he will order that you and your new husband bear the cost of travel for the child's visitation periods with Dad.Would I need full custody of my child if I recently got married and previous spouse does not want me to move?
Sounds like you two weren't married. If not, you already have sole custody in every state but AZ. He will have to go to court and get paternity first, then visitation and child support. Then he can try to stop you, but presumably be long gone.





I don't think it's healthy, however, to deprive a child of a relationship with both parents. 100 miles isn't far. Be sure for your child's sake there is meaningful visitation.
What does it say in the custody agreement? In many cases, you cannot move more than one or two counties away because you are interfering with your child's contact with her father. Your husband knew that you had a child. If he chose a job 100 miles away, that is just too bad.





My cousin's kid's mother wanted to move with her bf and the judge has said no. She has a choice. She can give custody up and move or she can stay and keep custody.
You will need a court order. In most states there is like a 20 or 30 mile limit of how far you can move without permission. If the kids are already in school - you can't even take them out of that school without the other parents permission. Sorry...
Does the child's father have any parental rights such as visitation? I think you should contact an attorney to get correct information. Each state has different laws.
it depends on what is in the custody orders.
I AGREE WITH CHAM

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