View Full Version : Moving out of state
lissashorty
Dec 29, 2011, 09:44 AM
I was never married to my kids father, I have physical care and custody, no mention of moving on the temporary matter final in may, don't want to be stuck here
ScottGem
Dec 29, 2011, 10:33 AM
Does he have any level of custody or visitation ordered by the court? Or was this even discussed in court?
Fr_Chuck
Dec 29, 2011, 11:06 AM
If he has court ordered visitation or any level of custody with the child, you will have to get court permission to move.
Also if visits are not court ordered, but he is visiting and seeing the child, if you move without court permission, he can file in court to ask to have the child returned to his state.
lissashorty
Dec 31, 2011, 09:33 PM
No custody, yes to visitation
ScottGem
Dec 31, 2011, 09:50 PM
No custody, yes to visitation
That doesn't make sense. Visitation is awarded to the non custodial parent. Which means you don't get visitation without custody.
But if there is court ordered visitation, then you can't change the visitation without court approval.
lissashorty
Dec 31, 2011, 10:05 PM
He was abusive, founded and placed on registry, plead guilty to child endangerment... really blows my mind to subject children to visitation but that's our judicial system! So no custody
ScottGem
Dec 31, 2011, 10:43 PM
Ok you mean he was not given custody. Not that custody was not awarded. Sorry for misunderstanding.
AK lawyer
Jan 1, 2012, 08:19 AM
I would say that, if the father has visitation rights, OP could move but if visitation is thereby more costly to exercise the father can be expected to ask the court that OP pay the additional costs incurred.
If visitation is on a weekly basis, or something like that, it might be changed to a more infrequent interval: perhaps summer and/or Christmas break.
How that can be done if the father has abused the child is a question. Is visitiation supervised?
lissashorty
Jan 1, 2012, 12:05 PM
No longer supervised,2 hr then decreased to 1 hr supervised when children were in China, closed case as were not abused in my home and jurisdiction was granted to district court for all custody and visitation.
Visitation is every other weekend, I'm a nurse and relocation ideal
lissashorty
Jan 1, 2012, 12:13 PM
Someone mentioned moving and filing sole custody there is it true that if I don't return to Iowa, where I live now I can retain custody in that state? I have been told many things to protect my children... don't know if this is true
lissashorty
Jan 1, 2012, 12:17 PM
By sole custody I mean no visitation... 10 counts child abuse founded, 1 count chip endangerment plead guilty 4 domestic asaults, history of mental illness, dependency to alcohol treated twice nothing recent/chemical dependent
lissashorty
Jan 1, 2012, 12:18 PM
Went from 2hrs to one because he assaulted/ became aggressive at supervised visit to Dhs worker
Fr_Chuck
Jan 1, 2012, 01:01 PM
Will still need court approval to move, since he has visits, even if supervised.