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Asked 8/18/2010

I have primary physical custody of my 3 kids can I move out of state without fathers consent?

Me and my ex have joint legal custody of our three kids.. I have primary physical custody.. He does not pay child support and has no court order visitations. But that's what we agreed on. He can see the kids whenever they want and he gives them money every week. I plan to move out of state in a couple of years. I'm planning to marry my boyfriend and since his in the army relocate with him after he returns from his deployment. By that time two of our kids will already be 18 and over.. So can I take my 13 year old daughter with me without his consent. I know he'll give me a hard time. What should I do?

 
 
 
 
 
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Answer 1/1 - Submitted 8/18/2010

How can you state that you and the father have joint custody and then say the father does not have any court ordered visitations, this doe not make any sinse, if the father has joint custody though the court he would have to have stipulated visitations. If the father gives the children money every week that has nothing to do with his paying child support, the money given would be considered a gift to the children, you need to file for child support if there is no child support order. I would not be so concerned about something that is not going to happen for two years so much can change between now and then, when the time comes then you would need the consent of the father or the court before you can relocate, if you both have a joint custody order in effect, if there is no joint custody though the courts and no visitation order in place then you would not need the fathers consent nor would you have to file for consent of the court.

 
 
 
 
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