PDA

View Full Version : questions about moving


gr8-3
02-22-2006, 07:52 AM
:) I was recently awarded full custody of my two children and eventually we would like to move to canada. The father does recieve visitation every other weekend. We would be about an hour and a half away from him. The regular visitation could still continue. Do I need his ok to move with my children from ND to Canada? No one has been able to give me a straight answer to this.

love it hate it
02-22-2006, 08:27 AM
:) I was recently awarded full custody of my two children and eventually we would like to move to canada. The father does recieve visitation every other weekend. We would be about an hour and a half away from him. The regular visitation could still continue. Do I need his ok to move with my children from ND to Canada? No one has been able to give me a straight answer to this.

whether you can take your child out of the state for a short period of time (like for vacations) depends on what your custody order says. The custody order may allow you to take your child out of the state, prohibit you from taking the kids out of the state, or it may not address this issue at all. It is illegal to take a child out of state if the custody order says you cannot.Your custody order may specifically say whether or not you can move out of state.The law says that a custodial parent usually cannot change your child's residence to another state if the other parent also has custodial or visitation rights unless the court order specifically says you can. If the court order does not say you can move your child out of state, you can go to court to ask for a modification of the order. However, if you are the custodial parent, you may not need a court order to move your child out of state if the noncustodial parent has done at least one of the following things:
Has not visited the child for at least a year, or
Has moved to another state and is at least 50 miles away from your residence.
check with a lawyer to be sure. An attorney can look your order over and tell you more accurately whether or not you can move.
or you can just tell him of your intentions and that it will not interfere with visitation, also he may not agree if he will be incurring the cost of transportation to get the kids to him...

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements