Who has custody if no court order?
Who has custody if no court order?
If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. However, taking the child away without the other parent's consent can be held against you in court if that action was not reasonable.
Can my ex stop me from moving away?
Would a Court stop you and what exactly are your rights? The short and simple answer is your Ex-Partner cannot stop you moving away. The Courts recognise and will often sympathise with the Parent that will now have to live away from their child but will also realise that this is a practicality.
How far can I legally move away from my child’s father?
If you can't agree, then the parent who wishes to relocate will need to seek a change to the Court order. The distance that a parent relocates is not really the issue here. There is no specific limit written in to the law as to how far a parent can relocate in these circumstances.
Can an unmarried mother move her child out of state?
If they are not married, and if no paternity action has been filed, the mother can move anywhere she wants.
Can I travel out of state with my child?
Generally, under the law, there are no restrictions for travel with children when the children are with a parent during their parenting time. Of course, a custody agreement or custody order can include any restrictions that either the parties or the court deem appropriate.
What happens when the custodial parent moves away?
When the custodial parent moves across town, visitation rights can still easily be maintained. But what happens when the custodial parent decides to move farther away, even to another state? Likewise, if the move would make it difficult or impossible to continue visitation, the court may deny the request.