I am a single mother with two children. I have filed for custody and the father never filed a response. Therefore I filed a default and now and we are scheduled to have a default hearing on 28th of Feb. Last night the father called and stated that he is fine with me having sole physical custody but wants joint legal custody. I am currently dating someone that lives is South Carolina and my children and I want to move there. If the father is granted joint legal custody, will me and my children still be able to move or does he have to give us permission to move?

He will have to give you permission, unless you have your lawyer address this issue at the court date and get the Judge to agree to allow you to move.

Actually what custody is granted is not the issue here. Its visitation. Joint legal custody simply means he has an equal say in how the children are raised. So, if you want to send them to a private religious school, you would have to get his approval for example.

What would prevent you from moving is if it affects his court ordered visitation. Then he or the court would have to approve it.

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Originally Posted by mlbass

my children and I want to move there.

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Hello m:

Does he not visit his children? Is he not part of their lives? If he is, I suspect that your children DON'T want to move. You do.

Your children, of course, need their father more than you need a new boyfriend, and THEY should be your priority.

If the court has ordered visitation, the court thinks your kids relationship with their father matters too, and you won't be able to leave.

excon