My daughters mother is threatening to move her out of state, and I am in the process of taking her to court for joint custody... I get her every weekend and have been for 6 years..

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Originally Posted by Brannen13

My daughters mother is threatning to move her out of state, and I am in the process of taking her to court for joint custody...I get her every weekend and have been for 6 years..

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Helps to know where you live.

For instance... if a custodial parent in NY packs up and leaves the state... they will likely lose custody of the child or children involved.

Not all states will approach this the same.

Quote:

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Originally Posted by Brannen13

My daughters mother is threatning to move her out of state, and I am in the process of taking her to court for joint custody...I get her every weekend and have been for 6 years..

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As Smoothy says, different states approach this question differently. But in any case the issue will be resolved one way or another in the course of your custody suit. One reasonable way to approach it would be to give one party primary physical custody and to give the other party summer &/or holiday visitation. So re-think your every weekend visitation and come up with a reasonable plan.

If there is an existing visitation order from the court or a pending case for visitation then she is already legally "blocked". For her to move the child without court permission while there is a pending case or where you would not be able to exercise the existing visitation order would be considered contempt of court.

You should bring her threats to the attention of the court. Nothing can prevent her from leaving the state, but if she does the court will order a warrant and she will be required to return the child.