QUESTION

I have joint physical legal custody can I move without signing away my rights?

Asked on Jan 10th, 2013 on Child Custody - Colorado
More details to this question:
I share joint physical and legal custody of my son with my ex husband. I am getting married to a military man in March and I have to relocate to Virginia. I currently live n Alabama. If I move and do not take my son with me and just come home every three weeks to visit, do I have to sign over full custody to my ex?
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1 ANSWER

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Probably not, but that is question of Alabama law (assuming the current order was entered in Alabama). What is essential is that you and your ex- have whatever you agree to approved by the court so that there isn't a debate in the future. Relocation that will change the amount of time the child spends with each parent necessarily requires an adjustment in scheduled parenting time, but not necessarily a change in the legal custody status.
Answered on Jan 15th, 2013 at 12:39 PM

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