QUESTION
What steps do I take to get full custody of my child? How?
Asked on Apr 23rd, 2015 on Child Custody - Nebraska
More details to this question:
I currently share joint custody (in name only) with the father of my 3 year old. I have since been married to different man who wishes to adopt my son. The father of my child has not been involved, paid child support or sought to be part of my child's life. I now want to move to upstate New York, but want to make sure that I am not breaking any laws by moving my child away. Additionally, what steps do I take to take full custody (which I already have) of my child so this doesn't present a problem going on in life?
9 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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WA does not have custody as such. We have a parenting plan. In it there is a clear description of what you must do to relocate. Once you have given written notice of relocation, with all the required information, you or he can ask to modify the parenting plan. If the father has no contact with the child and has not used the residential time he has under the parenting plan, the amount of time you can ask for in the modification can be less and as long as the child is this young, can be in the new location. Eventually, parts of school vacation etc. will be where ever the father lives, if he chooses to exercise his time.
Answered on Apr 30th, 2015 at 3:07 PM
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If the father has not paid child support in violation of a court order/judgment or has not visited the child for 6 months or longer, your husband/step-father can adopt the child. If he does so, you can move where ever you want.If your husband does not adopt your child, you will have to comply with the child relocation statutes prior to moving.
Answered on Apr 29th, 2015 at 1:24 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Your question is way too complicated to be answered in this forum. You need to consult with an attorney in your area in order to get the answers you seek.
Answered on Apr 27th, 2015 at 9:19 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I previously answered this.
Answered on Apr 27th, 2015 at 7:43 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You should definitely hire a skilled family lawyer to advise and represent you. There are several separate legal matters involved in what you seek to do. You may wish to try to terminate the father's parental rights and have them assumed by your new husband (i.e. adoption). There are all the other issues that child support, custody and placement bring with them if there is not a step-parent adoption. Family law attorneys are very good at working these things out. I strongly recommend you retain one. Good Luck.
Answered on Apr 27th, 2015 at 7:16 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You can file an action to terminate the father's parental rights and for a step parent adoption. Otherwise, you can give dad formal notice of your intention to move and if he doesn't object, you can go.
Answered on Apr 24th, 2015 at 8:05 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You need to file a Complaint to modify asking to leave the jurisdiction and modifying the custody provision.
Answered on Apr 24th, 2015 at 12:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I need more details, and you will need a court order to move out of state.
Answered on Apr 23rd, 2015 at 9:13 PM
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You cannot leave Nebraska without the permission of the other parent or the Court. Stepparent adoption is unique to the facts of each case and requires the help of an experienced family law attorney.
Answered on Apr 23rd, 2015 at 9:12 PM