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Keri21 · Oct 20, 2006, 08:06 AM

Ok for now I live in Maryland and my daughters father lives in pa I want to move to Arizona with my mom and take my daughter with me, we have joint custody and I was wondering if I can still move out of state or what I have to do about it

ScottGem · Oct 20, 2006, 08:13 AM

This depends on the custody agreement. By moving you are creating a hardship for the father to exercise his custody rights. The court that approved the custody arrangement might not look well upon that. You will have to go back to the court to modify the agreement.

Keri21 · Oct 20, 2006, 08:20 AM

Well our custody agreement was back before she started school and he got her one week out of each month, we have no custody over if I leave state or not but I don't want to up and leave if I can get in trouble

ScottGem · Oct 20, 2006, 08:23 AM

Doesn't matter WHEN the agreement was made. If the agreement states that he gets her one week a month, then he gets her one week a month. If you never modified the agreement officially, but are doing something different, you may be able to get it modified. Maybe he gets her for summers.

But the bottom line is there is a court approved custody agreement in place. You can't move without modifying that agreement without being in conempt of the court.

Keri21 · Oct 20, 2006, 08:26 AM

Ok the custody agreement was he gets her one week out of each month until she starts school and that was the end of it... She has been in school for 2 years so there is no agreement

ScottGem · Oct 20, 2006, 08:50 AM

If the agreement ended when she starts school and no extension has been given, then no agreement exists. But frankly I don't follow this. He spent one week a month with her for how many years, then just stopped when she started school? He hasn't seen her for the past two years? Something doesn't sound right.

Keri21 · Oct 20, 2006, 09:45 AM

He spent one year with her for one week out of each month, now since there is no agreement I am nice and let him see her every other weekend. But that's all he sees her. And my family lives in Arizona and me and my daughter both want to live with our family, I just don't know what to do

ScottGem · Oct 20, 2006, 10:22 AM

You need to contact the divorce attorney that drew up the agreement. I can't conceive of a custody agreement that expires when the child starts school. That make no sense to me. I can see the agreement stating that once school start the agreement would be modified, but not expire. If the father wants to stay in the child's life he should be able to.

Now you are saying you are "nice" an letting him have her every other weekend. But I'm sure, that, if he went back to the court he could have that formalized.

So my concern, again, is the hardship your moving would make it for him to share in her life. I believe he can fight for his custody rights and win.

Your best bet is to come to some sort of agreement with him.

LUNAGODDESS · Oct 20, 2006, 11:02 AM

You need the father's permission to move out of state... if your moving is because of financial reasons.. you may ask for an increase in child support from the father... especially if he denies you the move... most important what does your child say about the move?

s_cianci · Oct 22, 2006, 12:47 PM

If you have joint custody then moving to Arizona is probably out of the question unless the father consents to it and is willing to accept alternate arrangements for visitation, the costs of which would have to be borne by you. Bottom line, if Dad doesn't want you moving to Arizona with your daughter then it's not going to happen.

Keri21 · Oct 23, 2006, 06:09 AM

OK I don't misunderstand anything about the order, just don't worry about answering anymore, you seem not to get what I am saying at all you keep asking the same questions that have already been answered

ScottGem · Oct 23, 2006, 06:56 AM

Its not that we keep asking the same question it that we don't believe the answer. It just doesn't make sense for the court to say the father has partial custody up to school age and then the agreement expires. It does make sense that the agreement would need to be changed or renegotiated once the child entered school because you can't take her out of school one week a month.

What father would agree to see his daughter one week a month until she was 5 or 6 and then stop? If he wanted to stop he would do so right after the divorce. So, we believe, either you are missing something in the agreement or there is something we aren't being told.

In any case. You really need to consult the attorney who drew up the agreement. If you move without the father's consent and he does have custody rights, you could be in trouble.

Keri21 · Oct 23, 2006, 07:52 AM

Ok for one thing we were never married, and I guess since you're a guy you couldn't believe that he hardly wants to see his daughter, well he doesn't. There is nothing I am leaving out it's my agreement why wouldn't I know

ScottGem · Oct 23, 2006, 08:11 AM

Whether you are married or not has no bearing.

If he doesn't want to see the child at all, then why did he agree to take her one week a month? How long did he do that? If you weren't married, then it would appear that he was doing that for 4+ years.

In the case where you aren't married custody rests with the mother unless the father sues for custody. So if he didn't want her then why did he bother?
If he truly doesn't want to see the kid, then he will welcome your moving away so just go ask him.

The more you say, the more holes you poke in your story. What you are telling is is not logical, it just doesn't make any sense. If he doesn't want to see the kid, then why sue for custody? If he sues for custody then why leave it to just end when she starts school? Unless you can answer those questions I can't believe the story you are telling us.

dbek · Nov 17, 2006, 10:02 PM

Originally Posted by Keri21

Ok for now i live in maryland and my daughters father lives in pa i want to move to arizona with my mom and take my daughter with me, we have joint custody and i was wondering if i can still move out of state or what i have to do about it

Not for sure, but when you have joint custody I think you have to have his permission or go to court and get an order to do it. Check with you lawyer, you don't want to end up losing custody of you child.