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    dogwater90's Avatar
    dogwater90 Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 5, 2007, 12:32 AM
    I have joint custody with my ex. Can she move out of state with my child.
    I have joint custody with my ex. She has remarried someone she met on the internet can she move out of state with my child.
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
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    #2

    Aug 5, 2007, 02:50 AM
    Ask your attorney but I think she has to have the court's approval.
    MsCrabtree's Avatar
    MsCrabtree Posts: 22, Reputation: 4
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    #3

    Aug 5, 2007, 02:57 AM
    Please refer to your Final divorce decree. There should be specifics regarding such. If she is in violation,then you will have to file against her. She is in contempt. Conact the clerk's office of the judge in that case for detailed help. Usually courts have a law center that helps you "do-it-yourself".
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 5, 2007, 04:00 PM
    Hello dog:

    Your wife cannot modify the visitaton agreement without going back to court. If she does, she can be held in contempt. WHEN she files for a modification, you can fight it, and the judge will probably rule in your favor.

    excon
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #5

    Aug 5, 2007, 04:40 PM
    In order for your child to move to another state, the mother must have consent from you. If she moves you can file a contempt of court against her to return with the child.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #6

    Aug 5, 2007, 04:49 PM
    Since you have joint custody, she shouldn't be able to if you object. If you have good reason to believe that she is contemplating such a move, then apply to the court that initially issued the custody order to have it modified stipulating that she can't move out of state. She can always counter your motion and try to convince the judge that the move is in the bests interests of the children. If she manages to convince the judge, then (s)he may allow her to move out of state. However, if you don't want it happening then you're going to have to fight it. The sooner you start and the more aggressive you are, the better.
    afitz's Avatar
    afitz Posts: 14, Reputation: 1
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    #7

    Jan 8, 2008, 10:29 AM
    She has to get the courts approval to move the child out of state. Then she has to prove it will benefit the child. Better schools, better job, or being able to stay home with the child because new partner will make more money, or she has family there to help her. She also will have to show the court that you would not lose quality time with your child, as well to how would the child get back and forth for your visitation who would provide this. This is what I have found out from my attorney.

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