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    blkdymd's Avatar
    blkdymd Posts: 37, Reputation: 5
    Junior Member
     
    #1

    Aug 4, 2009, 05:18 PM
    Do I have to Live in VA because father files for joint custody
    Do I have to live in VA if I want to keep my child if father files for joint custody?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Aug 4, 2009, 05:27 PM

    If you haven't been to court about it yet it would be best to stay and see what the Judge says about your moving.
    If you move it can complicate things. So go to court let the Judge know you are wanting to move out of state.
    Many parents live in two different states so it can be done but work out all the details in court before hand is the best way to go
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Aug 5, 2009, 04:56 AM

    It is very possible, yes.
    cjonline's Avatar
    cjonline Posts: 217, Reputation: 19
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    #4

    Aug 5, 2009, 08:49 AM

    I hate that question; it's not that simple to answer. Do you have a court order in place? Are you “newly” separated from the other parent, or has it been awhile? Does the other parent see the child regularly? How involved is the other parent in the child life? Are you both in the same state? Live near to one another? All these questions will play a factor.

    If there is a court order giving the other parent any kind of visitation then you need to go to court to get permission to move and change the visitation order in place or you need to go to court and give custody to the other parent so you can move.

    If you are newly separated or working on getting a divorce then you need to go to court just to make sure that you get what you want. If you move then he goes to court asks for full custody and to be the custodial parent, your not there so he gets it, then he can charge you with kidnapping because he has custody and you don't.

    If the other parent sees the child and is in their life you can't just move with the child. If the other parent filed papers in court you really need to stay and go to the court date explain to the judge, but if the other parent is in the child life then the child will have to stay in state. No judge is going to take that away from the child if they don't have to. You can move and the child can live with the other parent, you will then be the ncp and you can get visitation if you want it, which would be your choice.

    You need to file in court. If the other parent is filing for Joint Legal Custody, I'm sure that there will be visitation also. You file asking for support and what you want (full custody? No visitation?) if and only if you have proof will a judge hear what you have to say. Otherwise its 'he said/she said' and the judge disregard it because they feel that it's hurt feelings and not facts. They hear too much BS to take everyone at their word.

    Remember that Judges are there to do what is best for the child. Having mom and dad in different states where the child only gets to see the other parent every other holiday and some of the summer is not always best for the child and when the other parent wants more to do with the child, and is doing more, it will be hard for the judge to grant a state move. However, if the judge does let the child move you might be ordered to pay to send the child home for all the visitations. If you can't pay that then you are in contempt and the other parent could have custody changed on that ground.

    Hope that helps.

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