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    lissashorty's Avatar
    lissashorty Posts: 7, Reputation: 1
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    #1

    Dec 29, 2011, 09:44 AM
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 29, 2011, 10:33 AM
    Does he have any level of custody or visitation ordered by the court? Or was this even discussed in court?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 29, 2011, 11:06 AM
    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.
    lissashorty's Avatar
    lissashorty Posts: 7, Reputation: 1
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    #4

    Dec 31, 2011, 09:33 PM
    No custody, yes to visitation
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Dec 31, 2011, 09:50 PM
    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.
    lissashorty's Avatar
    lissashorty Posts: 7, Reputation: 1
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    #6

    Dec 31, 2011, 10:05 PM
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Dec 31, 2011, 10:43 PM
    Ok you mean he was not given custody. Not that custody was not awarded. Sorry for misunderstanding.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Jan 1, 2012, 08:19 AM
    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?
    lissashorty's Avatar
    lissashorty Posts: 7, Reputation: 1
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    #9

    Jan 1, 2012, 12:05 PM
    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
    lissashorty's Avatar
    lissashorty Posts: 7, Reputation: 1
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    #10

    Jan 1, 2012, 12:13 PM
    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
    lissashorty's Avatar
    lissashorty Posts: 7, Reputation: 1
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    #11

    Jan 1, 2012, 12:17 PM
    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
    lissashorty's Avatar
    lissashorty Posts: 7, Reputation: 1
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    #12

    Jan 1, 2012, 12:18 PM
    Went from 2hrs to one because he assaulted/ became aggressive at supervised visit to Dhs worker
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #13

    Jan 1, 2012, 01:01 PM
    Will still need court approval to move, since he has visits, even if supervised.

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