out of state

[barbibia]

What is the name of your state (only U.S. law)? Hi.I live in Iowa.After divorce,(the girl have ten years old now,and the boy 19)we got the joint custody,I have the psychical custody of the girl and he have the psychical custody of the boy.The girl live with me and the boy with him,we live the both in the same town in Iowa.I am remarried and we want to move form here in Georgia,and I don't know what the law say about to can move with a child in this terms of custody.We had no rules for visitation,of others,because we kept good touch regarding the both children.I need for a advice from you.Thank you.
'

 

[BL]

What is the name of your state (only U.S. law)? Hi.I live in Iowa.After divorce,(the girl have ten years old now,and the boy 19)we got the joint custody,I have the psychical custody of the girl and he have the psychical custody of the boy.The girl live with me and the boy with him,we live the both in the same town in Iowa.I am remarried and we want to move form here in Georgia,and I don't know what the law say about to can move with a child in this terms of custody.We had no rules for visitation,of others,because we kept good touch regarding the both children.I need for a advice from you.Thank you.
'

PKPA Look for your states law with joint custody, or even removal.

http://traversecityfamilylaw.com/Parenting/CriminalCustodialInterference.pdf

Look up your State . You'll have to obtain the court's permission and/or his written , depending on the way the order is written, and even if granted the move ,you can not interfer with visitations.

So If you feel the want ,go to court ask ,and modify the order of visitations .

You can be in a whole lotta legal trouble if you unilaterally take it upon youself.

 

[Proserpina]

PKPA Look for your states law with joint custody, or even removal.

http://traversecityfamilylaw.com/Parenting/CriminalCustodialInterference.pdf

Look up your State . You'll have to obtain the cout's permission and/or his written , depending on the way the order is written, and even if granted the move ,you can not interfer with visitations.

So If you feel the want ,go to court ask ,and modify the order of visitations .

You can be in a whole lotta legal trouble if you unilaterally take it upon youself.

When there is no custody or visitation order, the state cannot charge Mom with custodial interference. See "Iowa" on your link.

Granted, I have no idea (yet) whether things have changed drastically since 2006,

 

[BL]

When there is no custody or visitation order, the state cannot charge Mom with custodial interference. See "Iowa" on your link.

Granted, I have no idea (yet) whether things have changed drastically since 2006,

we got the joint custody,I have the psychical custody of the girl and he have the psychical custody of the boy

In some States this does matter .I understand there is no order for visitations as both parties got along.

Just because there is no explicit mention of Joint legal Custody, it could be a factor.

I was thinking Joint Legal ,but now I see just Joint.

So is it Joint Legal or Joint ?

 

[Proserpina]

In some States this does matter

And the OP's state is.... Iowa. Given that she's the primary, Dad's a bit stuck since there is apparently no visitation spelled out.

.I understand there is no order for visitations as both parties got along.

Eeeeeexactly.

Just because there is no explicit mention of Joint legal Custody, it could be a factor.

It'd be just lovely if OP came back and explained things.

I was thinking Joint Legal ,but now I see just Joint.

So is it Joint Legal or Joint ?

Clarification is our friend.

 

[single317dad]

Visitation schedule as specified by court order is irrelevant; Mom's relocation is grounds to modify custody per 598.21D. The court will likely consider how much time Dad actually spends with the daughter when implementing either a new schedule or new custody arrangement.

 

[stealth2]

Google is your friend...

http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&input=598#598.21D

 

[barbibia]

When there is no custody or visitation order, the state cannot charge Mom with custodial interference. See "Iowa" on your link.

Granted, I have no idea (yet) whether things have changed drastically since 2006,

I got the divorce in August 2010.

 

[I'mTheFather]

I got the divorce in August 2010.

The relevant question is what dad thinks about the move.

 

[stealth2]

I got the divorce in August 2010.

You need to speak with your ex and read the statutes cited for you.

 

[barbibia]

What is the name of your state (only U.S. law)? Hi.I live in Iowa.After divorce,(the girl have ten years old now,and the boy 19)we got the joint custody,I have the psychical custody of the girl and he have the psychical custody of the boy.The girl live with me and the boy with him,we live the both in the same town in Iowa.I am remarried and we want to move form here in Georgia,and I don't know what the law say about to can move with a child in this terms of custody.We had no rules for visitation,of others,because we kept good touch regarding the both children.I need for a advice from you.Thank you.
'

Well,we have joint legal custody and I have the primary physical care of the girl,he have of my son but the boy have 19 and go to a college .We got the divorce in 2010.We have the visitation by mutual consent.The girl spend time with him a lot,they live close to our house,so she can go there when she want.I understand him that he want to be close of the little girl,but our reason(my husband and myself) it is selling our house and buying a house with money down in Georgia to can avoid the monthly house payment.My husband it is retired.This it is my reason to move,for a much better quality of life.No house no car monthly payment.He said today that he don't want the girl to go with as because he don't know were we 're going and he don't like the stat because it is a pour state with no future.I know that he love the girl and I know also he need for me to be close to him,he don't speak English well,I found jobs for him,he drive one of our car,my husband car.The girl told my to do not tell him that we want to go because he will ask her to stay with him and she don't want.We don't know when we will sale the house,can be a few moths to one year.So,I don't know what to do,when to go and were to can change the custody.I want to let the girl to come at him in all the Holidays,because I want she to spend some time with her dad,but just I want we to can move.And thank you guys for your help.

 

[I'mTheFather]

You will have to get the father's agreement to move. Otherwise, he may end up with custody of the daughter.

Or, you can give him custody of the daughter, and set up a visitation plan for you.

Either way, you need a lawyer.

 

[barbibia]

no way

You will have to get the father's agreement to move. Otherwise, he may end up with custody of the daughter.

Or, you can give him custody of the daughter, and set up a visitation plan for you.

Either way, you need a lawyer.

No way to give him the girl custody,so,I need for a lawyer.She is ten years old,she need to be with her mom but I will let her come in all the time that she don't have school.I really don't want fight over this,if he tell my that he want to move from here I will be okay with,but he can be ''fair-play''.Can you tell my how long time you think that this will take?

 

[I'mTheFather]

No way to give him the girl custody,so,I need for a lawyer.She is ten years old,she need to be with her mom but I will let her come in all the time that she don't have school.I really don't want fight over this,if he tell my that he want to move from here I will be okay with,but he can be ''fair-play''.Can you tell my how long time you think that this will take?

Yes, you need a lawyer. It's quite possible you'll be allowed to move, even if he objects, but you should set it up in court.

 

[barbibia]

What is the name of your state (only U.S. law)? Hi.I live in Iowa.After divorce,(the girl have ten years old now,and the boy 19)we got the joint custody,I have the psychical custody of the girl and he have the psychical custody of the boy.The girl live with me and the boy with him,we live the both in the same town in Iowa.I am remarried and we want to move form here in Georgia,and I don't know what the law say about to can move with a child in this terms of custody.We had no rules for visitation,of others,because we kept good touch regarding the both children.I need for a advice from you.Thank you.
'

The girl can't be asked to tell in court what she want,if she want to move with me or want to stay her with dad?No matter what she want?Because she want to move with me.