Can your ex stop you moving away?

Would a Court stop you and what exactly are your rights? The short and simple answer is your Ex-Partner cannot stop you moving away. They recognise the Court does not have a right to control your actions just because you are a parent.

When does a court give a parent joint custody?

For instance, most of the time, each parent has an equal right to the custody of the children when they separate. Consequently, courts often award joint custody when both parents are able to perform their parenting duties.

What to do if you lose child custody to your ex?

Some parents have actually lost child custody because of their demonstrated unwillingness to collaborate with the other parent. So remember that while you may not like your ex, he or she is a part of your kids’ lives, and you need to show the family court that you’re willing to work together. Do exercise your parental rights.

What are the do’s and don’ts for child custody?

Don’t abuse alcohol or drugs,1 especially when you’re with your kids. Here’s something else that could be documented and used against you. Make sure there’s not even the suggestion that you’re doing something that would put your kids at risk. Don’t refuse to do anything the court is asking of you.

Do you have to reschedule for child custody?

Don’t make a habit of rescheduling time with your kids. Repeatedly rescheduling your parenting time could make it appear to the court that you’re just filing for custody out of spite — not because you really want custody.

Can a parent move if there is no custody order?

Finally, the laws governing relocation apply even if no custody order is in place. Should a parent or custodian leave the state and take their child, the non-relocating parent may petition the court seeking the immediate return of the child, pending a hearing on relocation.

When does the custodial parent want to move the child?

As stated, the nature of the relationship between the child and each parent is crucial.

How many miles can a parent move with joint custody?

For example, in Michigan, parents need the judge’s permission to move more than 100 miles from where the child lived at the time the case was filed. 2 In Florida, the rule is 50 miles. 5 State rules also vary on how much notice you must give the other parent. South Dakota, for example, requires 45 days. 6 Pennsylvania requires 60 days’ notice. 7

What happens when a child custody order is entered?

A child custody order will then be entered, which is legally binding and enforceable. If it can be accomplished, then courts will always favor custody orders that allow both parents to maintain frequent and continuing contact with the children, as this generally benefits the children.