Should a child decide where to live after a divorce?
Should a child decide where to live after a divorce?
Children do not have the right to choose where to live after divorce. As a child matures, the court may give more weight to the preference of the child. Judges may evaluate the maturity of the child, in light of the reasons for the preferences, in weighing the evidence.
How is child residency determined?
For a state to have jurisdiction over a child, it must be the state of the child’s residency. For children, this state with residency is called the child’s home state. If the child is less than six months old, the home state is the state where the child has lived from birth with a parent or someone acting as a parent.
Can my ex stop me from moving away?
Can he stop the move? Brette’s Answer: He can’t stop you from moving but he could seek to modify the visitation based on the change in circumstances – because it would be a longer drive. It would be up to the judge to decide.
Can I move without telling my child’s father?
If not, he has no legal rights without filing a Paternity action. If so, you should file a custody action before leaving the state. An experienced attorney can help you address the move in the paperwork and get permission from the court to relocate. It’s then the court that has to grant permission, not the father.
How far can a parent move with a child?
There is no set geographical distance dictating exactly how far away you can move with your child, but but if that distance is deemed to significantly affect the other parent’s ability to have a meaningful relationship with the child, then the court will need to establish if the move is in the child’s best interests.
Does my ex wife need to know my address?
Generally you would be required to keep the Court informed of your address and your former spouse, at least as long as there are obligations between the two of you. If you have joint custody, you should disclose your address as a matter of…
Do I have to give the other parent my address?
There is no statute that requires parents to provide the other with their address. However, most judges believe (except in protection order cases or cases where someone’s life has been threatened) that both parents should know a physical…
Do I have to tell my ex partner my new address?
Your should give him your address, unless your daughter is at risk of harm by her father, she also has a right to have contact with her father. If you have moved, but not told him where you are, you may have a good reason to do so.
Can my ex stop my child seeing my new partner?
Can I stop my kids seeing the ex’s new partner? I’m often asked if there is a way for a parent to stop their child spending time with the other parent’s new partner. The short answer is no. Both parents have parental responsibility and they are able to exercise that responsibility in whatever way they see fit.
Can my ex dictate who is around my child?
Unless your fianc has a history of substance abuse or child abuse, he has no right to dictate who you can have around the children. It he interferes, file an order to show cause or, if appropriate, a contempt proceeding.
Is split custody a good idea?
Joint custody arrangements can help parents learn to co-parent and reduce friction in their relationship. Also, a joint custody relationship takes the burden off of one parent. With joint custody, both parents have less stress and responsibility.
Can an absent father get joint custody?
Most courts do not award a father who has been away so long with joint custody. The courts like to ease him in gradually in the custody process.
Does a deadbeat dad have rights?
Even if you are the non-custodial parent, you still have an absolute right to decide your child’s schooling, medical care, and other important life decisions. The court orders the non-custodial parent to pay child support to the custodial parent.
