Ask Experts Questions for FREE Help !
Ask
    CherriDale's Avatar
    CherriDale Posts: 2, Reputation: 1
    New Member
     
    #1

    Jul 22, 2009, 01:03 PM
    Can I take my child out of state?
    My exhusband and I both lost guardianship of our daughter and his mother had gaurdanship. I then got a divorce from him and got custody back from her. It says in the papers that I have CUSTODY but I don't know if its full custody and if I can leave the state of Oklahoma with her.I am remarried now and have another baby and my current husband wants to move closer to his family and other son. Can I leave the state and not be in trouble or lose my daughter??
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #2

    Jul 22, 2009, 01:05 PM
    If you have sole legal and physical custody, then yes you can. What exactly does the custody order say? If your ex has visitation, it'll be your responsibility to make the extra necessary accommodations to offset how your move would interfere with his visitation.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jul 22, 2009, 01:21 PM

    Does any other person, have visits rights in a court order to the child.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jul 22, 2009, 01:51 PM

    First, please read things more carefully. For example, you ignored the Read First sticky at the top of the Children forum that directs legal questions to this forum. You aloso didn't read your divorce order carefully.

    The divorce decree should detail what custody you have and whether the father has any visitation rights. If the divorce order is unclear then have your attorney or the court clerk explain it to you.

    The only way for us to know whether you can move out of state is if we now what the decree says.
    CherriDale's Avatar
    CherriDale Posts: 2, Reputation: 1
    New Member
     
    #5

    Jul 22, 2009, 08:19 PM
    There was nothing in the devorce decree because my ex-mother-in-law had guardianship at the time. But it did say that if custody changed to report it to the courts so they could put it in the divorce papers. After I had a divorce I then went and filed for a termination of guardianship and got my daughter back. Nothing was said about the father having any rights or visitation or anything. Just that he was the father. I think when I go to report the change in circumstances he might get some kind of rights to her or visitation. I'm really still clueless on the matter.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Jul 23, 2009, 05:26 AM

    To be on the safe side, I would inform the court that you plan on moving and see if they say you need permission.
    ANB428's Avatar
    ANB428 Posts: 450, Reputation: 42
    Full Member
     
    #7

    Jul 23, 2009, 06:19 AM

    When I asked the courts if I could take my daughter out of the state, they told me that I needed to speak with an attorney.

    So, you may want to talk to an attorney about this subject. That would be my best advice.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can I be sued for child support for a step child according to NY state law? [ 6 Answers ]

Do I have to pay child support for a step child according to NY state law? :(

NY State Child Support [ 1 Answers ]

Did NY State change the age of when child support is no longer obligated

Can I leave the state with my child? [ 13 Answers ]

I have full custody of my 6 year old little girl and I am getting married and moving to another state. I told her dad and he said he was getting a lawyer to file an order to show cause and will be denying rights to remove her from the state. He has not paid child support for 2 years and just got...

Can wife move out of state with child after divorce and residency in state [ 2 Answers ]

My wife and I are living in Ohio, have been residents for 9 months and have a 14 month old child. If we divorce and she would get custody, could she ever move out of the state


View more questions Search