Joint custody question?

Question

Can a mother who has joint custody of her 2 children ages 12 & 7 move to another state with out permission from the father. My daughter has been divorced for 5 years and is struggling to make ends meet. The father pays child support. But is always late with the payments.. He lives with his mother and has no bills to pay. We are trying to help her pay her bills.. but it's hard to maintain 2 households. It would be better if she and the kids moved in with us. The father has threatened her if she move out of the state he would have her arrested for kidnapping. Has anyone dealt with this problem before.

Answer 1

In joint custody, yes he can have her charged for kidnapping depending on the state laws in BOTH states.  Because he has equal rights to those children and she would be moving too far away, without his permission for the kids, etc.  Get a lawyer and find out what you guys can do.  

Answer 2

If there is nothing about this in the divorce/custody agreement then she can move where ever she chooses, if there is something in the agreement about moving to a different state, she can file a request with the court showing she can barely survive in the state she lives and needs to move, they might let her do it IF its part of the agreement, sometimes its not.

Just pull out the divorce/custody agreement and look through it closely to see if there is anything about moving in there.  

Answer 3

What does her custody agreement say? Most likely no, she may not move out of the state without permission. However, this permission does not need to come from the father - it needs to come from the court. She needs to go back to court and tell them why she wants to move. If the reason is because she isn't making it and needs help from her family I think that should be okay.... Most likely the courts is where she will need to go. Good Luck.  

Answer 4

I would certainly hope that a judge would require her to get a joint agreement with the father before she could.  These are the reasons I feel this way.

If he pays support but she still can't afford the kids, she has options.  First she could try to get a job.  If she already has a job, she should try for one with higher pay.  Second, she could cut back on unnecessary expenses.  Finally, if she can't afford the kids, she should let the father have primary custody.  

All the ways above permit the children to still be near both parents.  The divorce wasn't there decision and they shouldn't lose access to their parents as a result of it.

Answer 5

It depends on what the court order says.  If it doesn't specifically say that she has to live within a few miles from the father, then she can move.  However - moving may interfere with a visitation schedule with the father which could be a problem.  

I would contact an attorney.  Then, if possible, the visitation/court orders could be modified so she will be able to relocate so she can better provide for her kids.

Answer 6

Hmmm, no, he can't get her for kidnapping. Unless there's something in her divorce/custody papers that forbids this very thing, I think she can move in with you. But I would *definitely* consult with her lawyer.