I have a minor child (13 years old) that I have "Paramount Physical Custody" of. I'm not really sure what "Paramount" means but my child's father also has joint legal custody. I have discussed moving 6 hours away with her(daughter), which is still in the same state (Mississippi) that we live now, and she seems to be OK with it. I want to know if there is anything that I need to do legally to ensure that my ex can not stop me from taking our daughter to the new city I want to move to. Will I need to get an amended judgement that states I have the legal right to move her to another county within the same state?

The big question here is what her visitation rights are. If moving 6 hours away will affect her ability to exercise those rights, then you need to go back to the court and modify the visitation schedule. Otherwise you can be held in contempt of court for not making your daughter available for her visitation times.

So you need to look at what visitation she has been granted and what she is exercising. If she is amenable to a change in visitation then there should be no problem with the court.

If there is a visitation order in place you have to petition the court to modify the visitation. That is the biggest issue with moving. If the visitation is missed because of the move (six hours is a big move) then you are in contempt. If the father is agreeable to the change in visitation it should be very easy. If the father does not want the change then you will have to prove to the judge why it is in the child's best interest to be moved that far.

I agree, first of course, what the custody order says, I had custody of my son, and the custody order restricted me to not move more than 15 miles from a given location.

The other partner can object to any move and ask for a change in visitation if that moves takes away their visitation

The thing to fear here, is the other parent saying sure its OK to move, you then move and they file a contempt of court charge because they can no longer exercise their visitation. And then ask the court to award them primary custody. That's why you need to go through the court.

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Originally Posted by ScottGem

The thing to fear here, is the other parent saying sure its OK to move, you then move and they file a contempt of court charge because they can no longer exercise their visitation. And then ask the court to award them primary custody. That's why you need to go through the court.

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Thank you Scott. Helpful Info.

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... I have discussed moving 6 hours away with her(daughter), which is still in the same state (Mississippi) that we live now, and she seems to be OK with it ...

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Quote:

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Originally Posted by ScottGem

The thing to fear here, is the other parent saying sure its OK to move, you then move and they file a contempt of court charge because they can no longer exercise their visitation. And then ask the court to award them primary custody. That's why you need to go through the court.

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OP doesn't necessarily need to go back to court. Instead, he should get the other parent to sign a document agreeing to the move. Assuming that because she "seems to be OK with it" she won't later object is asking for trouble. So put it in writing, preferably drafted by an attorney.

The op is the mother. The person she talked to that was okay with the move was the daughter.

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Originally Posted by stinawords

The op is the mother. The person she talked to that was okay with the move was the daughter.

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These law forums should have a required "state or country" answer.

And the Family law forms should have check box to identify the OP as "mother" or "father". It's all so confusing. :(

The Father has to agree with this... as he is the other "parent", At 13 what the daughter wants or doesn't want isn't the issue.