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-   -   Moving out of state (https://www.askmehelpdesk.com/showthread.php?t=623175)

  • Dec 29, 2011, 09:44 AM
    lissashorty
    Moving out of state
    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
  • Dec 29, 2011, 10:33 AM
    ScottGem
    Does he have any level of custody or visitation ordered by the court? Or was this even discussed in court?
  • Dec 29, 2011, 11:06 AM
    Fr_Chuck
    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.
  • Dec 31, 2011, 09:33 PM
    lissashorty
    No custody, yes to visitation
  • Dec 31, 2011, 09:50 PM
    ScottGem
    Quote:

    Originally Posted by lissashorty View Post
    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.
  • Dec 31, 2011, 10:05 PM
    lissashorty
    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
  • Dec 31, 2011, 10:43 PM
    ScottGem
    Ok you mean he was not given custody. Not that custody was not awarded. Sorry for misunderstanding.
  • Jan 1, 2012, 08:19 AM
    AK lawyer
    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?
  • Jan 1, 2012, 12:05 PM
    lissashorty
    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
  • Jan 1, 2012, 12:13 PM
    lissashorty
    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
  • Jan 1, 2012, 12:17 PM
    lissashorty
    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
  • Jan 1, 2012, 12:18 PM
    lissashorty
    Went from 2hrs to one because he assaulted/ became aggressive at supervised visit to Dhs worker
  • Jan 1, 2012, 01:01 PM
    Fr_Chuck
    Will still need court approval to move, since he has visits, even if supervised.

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