Can I get in trouble

[ecmst12]

What we said was, you should not just move without getting a court ordered custody and visitation schedule in place and establishing that you have permission to move the child out of state. What you wanted to hear was, you can move wherever you want and there's nothing dad can do about it - but that is not legally true.

 

[Lele316]

Sigh...

I only responded to what YOU chose to post. And, per said posts, you are angry,. I get your POV. But to make the child suffer, without her father by moving her hundreds of miles from her father, thus making any hope of him having a real relationship with her, is not rational.

This is stating that I wpould make my child suffer if I was to move....I did not just want to hear I can do whatever I want legally I came here for advice and some of you actually gave that to me and I appreciate it however others were implying that I am just outright wrong and not giving a crap about my daughter just becauseI want to move where I feel is better for my child and myself because she will be further from her father. So just to be clear can he move wherever he wants regardless because he doesnt have her?

 

[Proserpina]

So just to be clear can he move wherever he wants regardless because he doesnt have her?

That is absolutely true, yes.


You however, cannot move the child willy nilly (as we've discussed already).

 

[Lele316]

That is absolutely true, yes.


You however, cannot move the child willy nilly (as we've discussed already).

So he can move wherever he pleases regardless how that affects his ability for visitation just not me....that is pretty damn screwed up

 

[Proserpina]

So he can move wherever he pleases regardless how that affects his ability for visitation just not me....that is pretty damn screwed up

You're the custodial parent. With that privilege, comes obligation.

It's not screwed up, actually.

It's pretty logical.

 

[Lele316]

You're the custodial parent. With that privilege, comes obligation.

It's not screwed up, actually.

It's pretty logical.

Being a parent perid is a privlege that comes with obligation custodial or otherwise.
Sorry but I fail to see how it is logical that for me to move I have to get his permission or a courts permission and show how it will improve her quality of life but as her dad who she is supposed to see and visit and spend time with can move to Alaska or what have you regardless of anything and my daughter would have to travel across the country with no say so from me courts or anything and that is logical? If you say so.

 

[Proserpina]

Being a parent perid is a privlege that comes with obligation custodial or otherwise.

Legally, that is not necessarily correct.

Sorry but I fail to see how it is logical that for me to move I have to get his permission or a courts permission and show how it will improve her quality of life but as her dad who she is supposed to see and visit and spend time with can move to Alaska or what have you regardless of anything and my daughter would have to travel across the country with no say so from me courts or anything and that is logical? If you say so.

Did you have another legal question?

 

[mistoffolees]

Being a parent perid is a privlege that comes with obligation custodial or otherwise.
Sorry but I fail to see how it is logical that for me to move I have to get his permission or a courts permission and show how it will improve her quality of life but as her dad who she is supposed to see and visit and spend time with can move to Alaska or what have you regardless of anything and my daughter would have to travel across the country with no say so from me courts or anything and that is logical? If you say so.

Because, quite simply, the court doesn't care IN THE LEAST about where the parents live. You can go live on the far side of the moon with Newt Gingrich for all the judge cares.

But the court DOES care where the child lives. If the child is established in a location, the court may get involved if either parent tries to move the child without the parents agreeing (in some states, the court needs to be notified even if the parents agree).

Furthermore, visitation for a non-custodial parent is a right and not an obligation. NCP doesn't have to visit, so if NCP wants to move to Hong Kong and never see the child, that's their choice. OTOH, for CP, you have an obligation to make the child available for court-ordered visitation. If you move without permission, you probably can't do that and are therefore violating a court order.

 

[LdiJ]

Because, quite simply, the court doesn't care IN THE LEAST about where the parents live. You can go live on the far side of the moon with Newt Gingrich for all the judge cares.

But the court DOES care where the child lives. If the child is established in a location, the court may get involved if either parent tries to move the child without the parents agreeing (in some states, the court needs to be notified even if the parents agree).

Furthermore, visitation for a non-custodial parent is a right and not an obligation. NCP doesn't have to visit, so if NCP wants to move to Hong Kong and never see the child, that's their choice. OTOH, for CP, you have an obligation to make the child available for court-ordered visitation. If you move without permission, you probably can't do that and are therefore violating a court order.

Once again however this is a case where the two parents already live in different states, and that presents different legal realities. Most of the responses here are responding as if the OP and dad live in the same community or at least the same state, and that is not the case.

OP, I would suggest that you get a consult with a local attorney.

 

[Lele316]

Once again however this is a case where the two parents already live in different states, and that presents different legal realities. Most of the responses here are responding as if the OP and dad live in the same community or at least the same state, and that is not the case.

OP, I would suggest that you get a consult with a local attorney.

I will be consulting an attorney thank you everyone.
I get youyr guys point I really do so don't misunderstand the fact that I am still a little confused you guys keep saying because the court has to be notified and everything, but we are not involved with anything to do with the court, we had one court date in July of 2010 for the child support and that is it. I know I have to inform the child support nforcement agency about where I am if I move anywhere wether it be down the block or to another country. So I'm just not understanding completely...I notify the court on a intent of change of address for a child that isnt in there system? Like I said I understand and you guys are right I need to get it in writting that I am have sole custody and all but some of you are just saying all I need to do is notify the court of my intent to move and that is the part that has me confused because the courts and everything arent involved with us.

 

[mistoffolees]

Once again however this is a case where the two parents already live in different states, and that presents different legal realities. Most of the responses here are responding as if the OP and dad live in the same community or at least the same state, and that is not the case.

It doesn't really matter as to OP's responsibilities.

The custodial parent still has an obligation to fulfill legal requirements with respect to relocation while NCP generally does not. The legal requirements are to either get the permission of the other parent or permission of the court (or both) before moving unless the custody order says something different.

You are absolutely correct that in this case, it's going to be much easier for OP to get the court's permission, but that doesn't mean she has the right to simply go wherever she wants without permission.

 

[I'mTheFather]

Psssst..... These people are still married, not even legally separated. There are no court orders.

 

[Lele316]

Psssst..... These people are still married, not even legally separated. There are no court orders.

That is what I am saying...without any court orders how do I report to a court?