Moving out-of-state custody issue with daughter Help!?
Answer:
It really depends on what is in the custody agreement. If it stipulates that each party must get consent before moving, it will be considered kidnapping if she moves out of state. If it isn't explicitly written into the agreement, then it's up for grabs, literally. Possession will become 9/10ths of the law. If she moves with the child to Ohio, he will have to fight custody there. If he wants to fight for Kansas jurisdiction (based on the fact the child was living in Kansas for the previous 12 months), he will still need to do that in the state the child is residing and only after he wins that can he pursue custody in Kansas.
He would not necessarily get full custody. They would need to go to court to change their custody situation for that. Unless the mother is unfit, that would probably backfire on the father.
Where she can take the child depends on the exact custody agreement. If they have joint custody where the father has visitation regularly and often, the court will probably nix her taking the child so far away. If he only has occasional visitation, they would have to meet halfway between the two homes for the child to visit her father.
Whatever the situation, they need to work this out legally.
You would have to go back to court, and the judge would decide who gets primary custody, and then the other parent will have visitation and child support payments set. My ex and I have shared parenting and we neither one have a support order, because we each have her equal amounts of time. If neither of the parents have a support order that will change if this goes to court. I would sit down and talk this over. Why is she moving? Is it a good reason, and would it better her and the child's life in some way? If the answer to either question is a yes, then you should let her move. You would have to tell her though that you would get the child on all school breaks(christmas, and spring break), and for at least half of summer break. If she was not willing to agree to this then I would take her to court, and see what happens. Also how old is the child is she old enough to decide where she wants to be, because if you go to court and she is old enough she will get to decide. I would just decide if the mom is moving for a good reason, where does the child want to be(if old enough), and then talk to the mother and compromise. If you don't think she is moving for a good reason, or the daughter is old enough and wants to stay with you, or the mom is just unreasonable the go to court and fight for your child. I would try to work out an arrangement before going to court with the mother. It is not good for the child's parents to be constantly fueding over them. It hurts the child more than anyone to see people they love fighting over them. Good Luck.
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