Can I move overseas since I have primary custody?
Hi. I was wondering since my child's father and I share joint legal custody and I have primary physical custody if I could move overseas? I was never married to my child's father and he is not on the birth certificate, we did go to court and he has visitation but I have primary physical custody. I have since married and my husband and I have moved overseas due to the miltary. My child's father knows this has our new address, phone, and is in contact with the child. I just want to know if I could get in trouble since I moved overseas. There is nothing in the court order that says I can't move. It just says to notify the courts if I move. I called the courts today and the clerk told me to just mail them my new address and info. I just want to make sure that I didn't do anything illegal to get my child taken away from me. Her father has only seen her like 5 times and she is 3 yrs old. He is paying child support, and since I initally took him to court has been doing the right thing. Thanks Well the father knows that we are overseas, before moving we typed a letter ourselves and signed and date it, it however, was not notarized, i don't know if it still counts. But the child's father knows were we resides, and he is in contact with her. When I was in the states, we lived in separate states anyways, and our child is not school age,she is only 3 yrs old. I just want to make sure I don't get in trouble cause I dont need that. Or wasn't trying to start trouble, also I have primary custody of the child and we just share joint legal custody. Thanks for your help.
Public Comments
- Well normally if you share JOINT custody you have to remain in the same area so the other parent can VISIT. (or at least in the same country). Unless that other parent agrees to you moving away out of the country. ALWAYS get everything in writing and notarized. I think you should of checked with the courts before moving overseas! This could be a major problem, especially if the father raises a fuss over it. When my husband had joint custody of his 2 girls, we had to live in the same school district, so the kids didn't have to switch schools. You best investigate this, you may have broken the law and the court order.
- This question could be best answered by a family law attorney....but do you believe the child's bio dad has the resources and motivation to take any legal steps towards taking your child away from you? Probably not...however, keep in mind that you should promote their relationship, especially if he wants to be a part of the child's life, perhaps consider the next move to be closer to bio Dad. Good Luck.
- As long as your ex doesn't contest you moving overseas then you'll be fine. There is nothing in your custody papers and as long as your ex doesn't have a problem with it the court isn't going to get involved. They will only get involved if he goes and files a petition about visitation.
- I would make sure that the courts know what is going on with your move and see what they say being you and your child's father have joint legal custody.
- I think its a moot question, now that you have already moved. You should consult with military counsel since your husband is military, and find out if you already broke the law. a 'clerk' can't tell you legalities of court orders, they can only tell you what they know, and thats "since you have an open case with us, make sure we know how to get in touch with you". And really, I'd be less concerned with the 'did I break the law' as I would be concerned with the 'what will the courts look at as in the best interests of my child'. Some states are becoming more 'father' oriented. It might be smart to look into that aspect of the state with the current order and the state where the father presently resides.
