QUESTION
Can we relocate if the father of my son is incarcerated?
Asked on Jan 27th, 2013 on Child Custody - Ohio
More details to this question:
I have physical custody and father has legal joint. He is incarcerated for parole violation. He has a criminal background. I want to move to Florida with my son for a better life. My parents will give me a place to stay and help me until I get up on my own feet. Before he went to jail, he never obey the court order, took him to visit whenever he felt like it, never wanted to buy him anything not even school clothes, his birthday came and not even a phone call. I want better life for my son than for him to see what his father has put him through. Please I need a legal advise.
8 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Hire an attorney file for a move away hearing to get permission to move.
Answered on Feb 01st, 2013 at 4:16 PM
If he has joint custody or any court-ordered parenting time (even if he doesn't or can't exercise it), you are required to follow the notice provisions of ARS 25-408. It may also be appropriate to ask the court to suspend his parenting time and grant you sole decision making authority during the course of his incarceration (depending on how long he will be incarcerated). I recommend you consult with an attorney to discuss this situation in greater detail.
Answered on Jan 30th, 2013 at 6:16 PM
In Oklahoma, to relocate move than 75 miles away, in state or out of state, requires either the agreement of the parties, or if there is not an agreement, court approval for the relocation.
Answered on Jan 30th, 2013 at 6:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to petition the Court for permission to change domicile, and, given the circumstances, your petition has a high probability of success.
Answered on Jan 30th, 2013 at 6:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho you either need the consent of the father or the court. In order to get the court's consent, you must show that it is in the child's best interest to move. Having said that, if you did move without consent, you might want to consider starting a new custody case in Florida in six months. You would probably ask for sole legal and physical custody. If the court down there accepts jurisdiction, then you might get that court to say it is okay.
Answered on Jan 30th, 2013 at 6:13 PM
In order to relocate you must follow the statute dealing with relocations or the court order.
Answered on Jan 30th, 2013 at 6:12 PM
John Arthur Smitten
If there is a court order that governs time sharing then you have to get his written consent or an order from the court prior to moving.
Answered on Jan 30th, 2013 at 6:12 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio you must inform the court that granted the father a custodial relationship of your intent to move a month in advance of the move. You should consult a family lawyer near you for information about the other steps you should take to move with your child.
Answered on Jan 30th, 2013 at 6:11 PM