Father's Rights

[dabora7498]

What is the name of your state? New York
My husband(NCP) and his child's mother share joint custody of their child.She(CP) recently informed him that she plans to move out of state in the next 2 months.He has a court order showing that they have joint custody with him getting the child 3 days a week and every other weekend and a court order to pay child support.Now she plans to move 2 1/2 hours away.Is there something we can do to continue seeing the child?

 

[MomTryin2Improv]

What does the CO say about moving out-of-state?

 

[dabora7498]

Father's Right

New York
The CO doesn't state anything about moving

 

[BL]

Does the Court Order state Joint legal and physical , or just Joint physical ?

 

[dabora7498]

It states joint legal and physical

 

[BL]

It states joint legal and phyiscal

OK even though the order doesn't specifically State anything about move aways ( out of State ) , It is a Felony crime to remove the child(ren) from the state with the intention to permanently remove them ( Joint Legal Custody Parental Kidnapping ), statutes of limitation 6 or 7 yrs to file . But the Party removing the child , has to knowingly and willfully violate the removal .

As far as visitation interference , if there were any , it would be civil contempt .

I'd suggest a consult with a family law Attorney , to prevent the move in the first place .

I'd also suggest a Certified return receipt request letter to the Parent advising them that they do NOT have your permission to remove the child(ren) from the State and that IF the do remove the child(ren) from the State , you will immediately file Joint legal Custody Parental Kidnapping felony charges , keep the return receipt and a copy of the letter .

 

[GrowUp!]

What does the CO say about moving out-of-state?

Irrelevant. Both parents have joint legal custody, so therefore the other parent needs to follow proper LEGAL procedure regarding the move-aways and proper notification. In cases like this, it doesn't have to be in the order. This is where state/court rules apply.

 

[BL]

Irrelevant. Both parents have joint legal custody, so therefore the other parent needs to follow proper LEGAL procedure regarding the move-aways and proper notification. In cases like this, it doesn't have to be in the order. This is where state/court rules apply.

Actually the Court does look at willful and deliberate violation regarding Joint Legal . In other words , the violating Parent must have known the move out of state was willful , deliberate , with the intent to permanently remove the child(ren) , as I stated , for Felony criminal violation to be imposed . Most Court orders like mine was , stated facts about written permission for moves out of State .

Would you like to see my rulings on this same subject ? On the other hand , I will not type it . I been there done that .