Child custody when non-custodial parent leaves state.?

Question

During a recent divorce I the father, was granted joint custody with my ex and for me to have primary parenting time.  Since then she has not been able to see her son do to major child protective services concerns about her ability to parent.  She has not paid any child support either. I am taking her back to court to get full legal custody and for her to have supervised visitation only with my son.  Since then I just found out she left the state and moved over a 1000 miles away.  Will this affect my ability to modify the custody order?  Also, if I wish in the future to leave the state to move closer to my family will I be able to without getting my ex's permission first?

Anonymous · Accepted Answer

Moving 1,000 miles away is abandonment. You will win an option you set on the table. I know this from experience and tons of reading up on custody disputes.

Burkettmom3 · Answer

If you have full parental custody of the child you can take them anywhere you want to.  Seems like with her moving so far away she really has no  interest in the child.  I would petition the court for full custody and more then likely it will be granted to you.

Anonymous · Answer

I doubt it will have any affect on your case, if she decides not to show up for the court date then would you not be granted full custody because she didn't show?

If you have full custody I believe that you have the right to move wherever and whenever you see fit.  

But, I am from Canada and am not 100% sure of how the laws work in the US

JupiterSon · Answer

File man, file quickly.

She'll have to appear... she'll get a subpeona. She had to attend, or file a reason why she cannot appear..... then the judge will take her distance into account.

I've been in your shoes.

I got custody of my son. I did have to wait a few years in order to get legal custody... and after that I moved closer to my family.

My advice... and I know you've head it before, but it's true:

Document EVERYTHING.

Times, dates, conversations, etc.... it will all help you in the end.

Her moving shouldn't effect your ability to modify the order. And you will not need her permission for anything.

You hang in there.

This world needs more custodial fathers!

Best of Luck.

James Watkin · Answer

When you go to court for full custody have your atty address the issue of you moving in the future.  He knows how to word it so the judge will grant it.  And for your child's sake, hire an atty.

robbbored · Answer

If she left and did so without petitioning the court, she made it easier and cheaper for you.  You now also have grounds for abandonment.  If she is not there to defend her position the court will automatically give you all the guardanship rights you ask for.  Justice for fathers.  Keep us posted.  Deadbeat moms are so much more disgusting.

Benji F · Answer

Ready,

You must submit her with papers (processor server) to change anything.
IF you don't know her address you must use the last known address you had for her.

On the date you are required to go back to court make sure all of your wants are noted.
Full physical custody
Supervised Vistitation by ex
and you to move anywhere go anywhere when you want.

I am 100% sure she will not show up to dispute or fight anything.

firery_moods · Answer

as long as she doesnt have the child, i think she can go anwhere she wants, unless the courts need to know where she is due to the child protection concerns, i would call your lawyer to make sure,,cuz laws are different in each state, so i may be wrong.

meme · Answer

http://legal-dictionary.thefreedictionary.com/child+custody

Anonymous · Answer

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Child custody when non-custodial parent leaves state.?

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