If a parent is granted legal and physical custody of their children, are they allowed to leave out of state?
816636
State custody laws differ, but in most cases, no, you are not allowed to take the children out of state.  In order to do so, you must petition the court for a change, and you must give the non-custodial parent time to respond.\n\nYou will probably have a hard time proving that the move will be in the best interest of the children as it inteferes with their access to the other parent (and vice versa).  Most courts would say this would not be in their best interest.\n\nIt really depends on the other parent.  You might try mediation to revise your cutody agreement.  If the non-cust. parent agrees with you, then you can, but get it in writing first.
246530
shared parenting is ok in theory.the problem arises in who gets physical custody.for all practical purposes the parent who has physical custody has a much greater influnce on the raising of the child(ren) simply because of proximity.if the parents disagree on an issue the non-custodial parent has to go back into court.the custodial parent can keep the other in court until he/she gives up or runs out of money.\nthe bill you ask about does seem to be an advance in your divorce law.here in kansas most are awarded joint custody with physical custody going to the mother ,all other things being equal.
77727
If the teen has a family member they trust and can go to - then by all means go.  However, make sure that all forms of abuse have been documented (by writing in a journal and that the other family members can corroborate the documentation with photos of the physical abuse.)\n\nThe parents will be charged and it is NOT a civil matter that will be handled in Family Court - it becomes a Federal matter - and Child Abuse charges will be filed against the parents.  In many jurisdictions - the child will be placed with the other family member instead of being "placed within the system" - thus ending up in foster care.\n\nIf there is NO family member available - please call the following number.  It is toll free:\n\n1-800-4-A-Child\n\nMay God be with you and bless you.  Please, if possible, keep me appraised of what happens.
1024806
leaving to a friends house is not kidnapping. and call his bluff, if you take care of them just as well if not better, they wont just give full custody to someone. most states are joint physical custody anyway...good luck...
790428
It varies from state to state but most states any more look at it like this.  The parent in question is giving up their rights to visitation and make decisions in their child's life not their responsibility to care for the child.  If however, the child is adopted by another person then those responsibilities transfer to the new parent.
320015
I'm not a lawyer but I have 23yrs of law enforcement experience. You really didn't give enough info for me to say. It depends on many factors; such as what were terms of your divorce, why he hasn't been in kids' lives, financial support, his reason for sudden interest and any claims he's making to help him gain custody, any personal problems or negative actions by either of you,etc. Assuming you were awarded custody originally and there were not and are not now any extenuating circumstances that drastically change the original status of his behvior/situation or yours or the children and he basicly just decided he wants custody chances are slim the court would change the managing conservator status you hold unless he can show you to be an unfit mother. He might be able to negotiate visitation rights but doubtful the court would disrupt the children's lives without just cause.
303631
No you cant when signing the release forms for your child to be kept there you are also taking responsiblility for other childrens actions upon yours.  also remember that whatever was stolen is probably easily replaceable or the child will forget about soon enough.
15515
Your divorce decree should outline the terms of relocation with the children. I would think that you would need your ex's permission to relocate the children or be able to show in a court of law that the opportunities in MN are not at all available in MS and that relocation would best serve the children involved. Consider that what is a good oppurtunity financially for you, although may help the children in many ways, may be more harmful to your children when they are no longer able to have any, no matter how brief, relationship with their Father. This may be something to come back and bite you later if your children begin to resent you for it. Most courts will do what is in the best interest of the children, you and your ex are secondary.
548519
i would think that you would have to go through social services to be placed there. or they could go to court and have themself declaired independant of thier parents.
381134
The first guy is right.  I mean everything depends on your personal custody arrangement, but as a general rule you cannot move out of state or, like the 1st guy said, anywhere that will alter the current visitation arrangement.\n\nHOWEVER, if you have sole custody and the father does not regularly visit the child, I would challenge him to take you to court over it.  If he is not an active part in the child's life, he won't get to put his foot down and interfere with your life just to be a jerk.  So if that is the case, the answer will be yes, you can.  The court won't stop you.
614882
There is a lot involved with surrendering your parental rights.  You can do so to your spouse in the event of a divorce, however this would not exempt anyone from child support it just means that you can't have custody or make parental decisions for the child.  I hope you reconsider, however you will need an attorney if you decide to move forward with this act.
12990
A parent who shares joint custody of a child, but who does not provide care for the child, must clear the vacation with the guardian who provides care.\n\nPetitions to the court to take the child on vacation are allowed, but not prior to clearing it with the caregiver of the child.\n\nIf you are a parent who has joint custody and are providing care for the child, you are allowed to take the child on vacation, however you must notify the other guardian before leaving town with the return times.  Joint Custody with visitation rights allows the parent to request another time to see the child if warrented. \n\nContests to this provision are taken up directly in family court through arbitration.  If there is any concern, contact your case worker.
1118905
Yes, if it's his baby.  They're married and although they may be separated, they're still legally bound.  The father has every right to demand that the baby be given his last name and if I were him, I would refuse to sign the birth certificate if anything else was put in.\n\nWhy assume the man left?  She didn't say that in her question.  She only said they were separated.  Maybe the mother is the one who left!
350301
I am assuming that you had legal custody and he had visitation rights?  \nTo my knowledge that should not effect her ability to get services from the state.  As long as she is a resident of IL she should continue getting benefits.  The only people that would care who has legal custody is you, her, and her dad.\nKeep in mind - if she lives with him - you could be liable for child-support payments to her dad.
47175
You wil have to contact an attorney.  Every state has laws written into them that do not allow a parent to leave the custodial state with out the other parents permission.  If the father cannot be found a reasonable search must me made (i.e. newspaper adds). When the father cannot be found then you will go to court and potition for the parential rites to be remove from the missing parent.  I stress very highly-(GET AN ATTORNEY)
244628
I don't think so.  If the parent is not neglecting the child or endangering the child in any way, it is not likely.  A child is taken away usually only when the child's physical or emotional well being is at risk.
684136
Yes, it would still be considered kidnapping, even if you went willingly.  If you are not supposed to be in the custody of one parent, then you cannot be there unless the court's decision is reversed.  Try speaking with a lawyer or your case worker regarding changing the decision of your case.