Custody can i move hearing to state that child is resident of?

[Kimamrhein]

How old is the child?

7 1/2. I've had legal custody almost 6 years

 

[Just Blue]

Why would I need permission? Yes she has visits. And recently has been doing better and I've let her take him back to Ohio for visits. But over spring break admitted that she left him alone and because that made me uncomfortable with her taking him to Florida for vacation she got mad and filed for custody

Why?...Because in a custodial situation you need permission from the court to move the child away from their jurisdiction.

 

[Kimamrhein]

Why?...Because in a custodial situation you need permission from the court to move the child away from their jurisdiction.

When we had the hearing in front of the magistrate, she asked the mother if she understood that she was signing over all rights for the entire 18 years of him being a minor and the mother said yes. Why then would the court have jurisdiction over where I move? I don't understand

 

[Zigner]

Because you have custody. You didn't adopt. She didn't lose her parental rights. Mom is still mom and has constitutional rights. Also, the judge was fibbing if that's what he actually said...or you may misremember it.

 

[Just Blue]

When we had the hearing in front of the magistrate, she asked the mother if she understood that she was signing over all rights for the entire 18 years of him being a minor and the mother said yes. Why then would the court have jurisdiction over where I move? I don't understand

Was the mother and fathers rights terminated ..ie...she is no longer LEGALLY the child's mother? Why did this take place? Was CSB involved at all?

 

[Kimamrhein]

Was the mother and fathers rights terminated ..ie...she is no longer LEGALLY the child's mother? Why did this take place? Was CSB involved at all?

No CSB was not involved. She just didn't want full time responsibility of him and I already was taking care of him. So she agreed to make it legal.

 

[Kimamrhein]

Because you have custody. You didn't adopt. She didn't lose her parental rights. Mom is still mom and has constitutional rights. Also, the judge was fibbing if that's what he actually said...or you may misremember it.

I'm not misremembering because magistrate said it twice to her. So because I didn't adopt she has the chance to take him back?

 

[Just Blue]

No CSB was not involved. She just didn't want full time responsibility of him and I already was taking care of him. So she agreed to make it legal.

She did not lose "all rights" to her child. She is still mom and as such has a constitutional right to her child. You messed up by moving the child out of state without permission from the court. And you are really gonna need an attorney. Was daughter on drugs?...or just lack-luster parenting?

 

[Just Blue]

I'm not misremembering because magistrate said it twice to her. So because I didn't adopt she has the chance to take him back?

I think that Magistrate was trying to make mom understand the seriousness of the situation and fibbing to underscore his/her point. You could only adopt either with the permission of BOTH parents or if the parents (both) were found unfit and had their parental right terminated by the courts.

 

[Kimamrhein]

She did not lose "all rights" to her child. She is still mom and as such has a constitutional right to her child. You messed up by moving the child out of state without permission from the court. And you are really gonna need an attorney. Was daughter on drugs?...or just lack-luster parenting?

Don't know if she was doing drugs. Went out alot and didn't want a baby to take care of. The same court that gave me custody also granted me child support so they're aware im out of state. Will it help at all that she had another son 2 yrs ago and gave him up for adoption?

 

[Just Blue]

Don't know if she was doing drugs. Went out alot and didn't want a baby to take care of. The same court that gave me custody also granted me child support so they're aware im out of state. Will it help at all that she had another son 2 yrs ago and gave him up for adoption?

No...that won't help. What will help is your STRONG efforts to facilitate the parent/child relationship. At the very least, based on the info you have provided here, Mom is likely going to get visitation and joint legal custody. IMO.

OG. the attorney I referenced earlier, will advise in the morning. She is a VERY GOOD Attorney/GAL.

 

[Kimamrhein]

No...that won't help. What will help is your STRONG efforts to facilitate the parent/child relationship. At the very least, based on the info you have provided here, Mom is likely going to get visitation and joint legal custody. IMO.

OG. the attorney I referenced earlier, will advise in the morning. She is a VERY GOOD Attorney/GAL.

 

[Kimamrhein]

I do try to support the relationship. I go to Oh frequently to visit and let her see him. Always offer her to come here. She has stayed at my house to visit. Send her all sports schedules and school events. Have never bad mouthed her and he thinks the world of her. But after leaving him alone at home I said no to her taking him to Fla for vacation. He's only 7 and has severe ADHD and I'm uncomfortable with that

 

[Just Blue]

I do try to support the relationship. I go to Oh frequently to visit and let her see him. Always offer her to come here. She has stayed at my house to visit. Send her all sports schedules and school events. Have never bad mouthed her and he thinks the world of her. But after leaving him alone at home I said no to her taking him to Fla for vacation. He's only 7 and has severe ADHD and I'm uncomfortable with that

Define "left him alone" please. Like she went out to a bar and left him...or she popped down to the laundry room and left him alone...What happened?

 

[Kimamrhein]

boyfriend's mother had heart attack. Left house to go to hospital before sitter got there. She stated it was only a few minutes. Sitter was on her way Long enough that child bragged about being a big boy and staying home alone. But admits being a lil scared.