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State To State Laws

Posted: Sun Jun 17, 2007 9:08 pm
by proudmom4life
Isn't It Required By Law For A Parent Who Was Awarded Custody Of A Child Due To Child Welfare Issues Required By Law To Report It To The Judge And/Or Get The Permission From The NonCustodial Parent? This Is 1/2 My Story. My Son Shelden Is In California With His Dad & He Did Neither And Has Made It Impossible For Me To See My Shelden. I Can't Afford An Out Of State Trip. I'm Just Sick About It. I Call Shelden Every Week. Only Get Through Every Other Week. I Began To Really To Start Changing This Even Though I Lack The Funds To Do So Because The Kid Is Miserable And For So Long I've Been Sick To My Stomach About What's Happened To Both Sons Shelden & Carter. I Still Have Parental Rights To My Children Except Carter (State Forced A "Voluntary" Relinquishment Of Rights. And I Lost Carter That Day. So I Still Have The Right To Have A Say In Shelden's Life. Just Since I Started This Post, My Husband Called To Tell Me That His Coworker Went To Court For His Kids. His Wife Took His Kids To Another State And Subpoena'd Her To Court. She Didn't Show In His State To Court, She Was Arrested And THe Kids Were Brought To Him. I Don't Know All The Details. I Just Want To Get The Facts First. I Just Want My 2 Sons Home With Us. Maybe i'm Just Grasping For Straws But I Know It's Gonna Be Worth It. Can ANyone Tell Me What The Laws Are Or Related Laws?

Posted: Mon Jun 18, 2007 4:20 am
by Dazeemay
http://www.cafemom.com/group/1327/?utm_ ... m_content={creative}&utm_campaign=relationships&utm_term=custody+battle&p_id=low&sendroicid=44f5578e-219d-4c3b-9121-120cc769e6ec&sendroikwd=custody+battle

Try this link. This is a chat room for custody battles. They might have the answer for you.

Here is another link.

http://www.associatedcontent.com/articl ... woman.html

Posted: Tue Jun 19, 2007 10:36 pm
by Momoffor
It depends on the state laws where the custody order was placed.

In New Mexico, I was required to get permission from my sons father to take him out of state because that was the state the custody was ordered. But in Virginia, all I have to do is notify my other kids father that I am leaving the state and he has 30 days to file with the court house to appeal it. If he fails to do so, I am free to do as I wish (VA is the state where my divorce/custody case was held for them/him).

Check with your state laws.

Posted: Wed Jun 20, 2007 2:16 pm
by Frustrated
There was Jurdisction laws, and in the court papers, from the Judge I must give my ex husband 90 days if I wanted to move out of the district or province/state. I must notify him.
So Custody laws, has jurisdiction areas laws where it might prevents you to leave the state unless you notify them of your intentions to move to another State.

According to the Consitutional Right, you have the right to liberty to live and MOVE AROUND AND ABOUT. They can't prevent you. But CPS Can if it poses a risk of harm to the children, calling it "Risks", and they can prevent you from leaving the State and file extradidtion application to bring you back to that State.

If your State Laws, OR the CUSTODY ORDER FROM THE JUDGE STATES THAT YOU MUST NOTIFY THE NON CUSTODIAL PARENT THAT YOU ARE MOVING TO ANOTHER STATE, you must do so. That's the law.

My Custody case, that I must notify my ex husband that I am moving within 90 days. He can apply to the Courts, 3 months, but I am still going to move there regardless of what he says. He must have a good reason to make me stay here. Otherwise, he can't prevent me to move. That is given if I get a better living, better new job, new place. Then the Judge is going to grant me amensty there. But if the ex feels that I am a danger to my kids, he can use this in court against me, probably using CPS against me.

Like I said, must have a good reason to make a parent to stay in one State such as risks of harming your Kids. etc...etc...any protection concerns they may have they can prevent you from leaving the State.

I wouldn't notify CPS when I move. but I have to notify my ex husband within 90 days.

Posted: Sun Jun 24, 2007 7:18 pm
by tnradmom
In my custody agreement in TN I have to be within 2 hours of the county the divorce was filed in and I have to remain in the state if I move. This is not typical, the ex had it put in without my knowledge.

If I were to move I would have to go to court and the judge would have to approve it.

Posted: Sun Jun 24, 2007 8:04 pm
by anxiousmom
I can't move either....it's in my divorce decree. I'd have to go to court to get permission to move.

I was told by my lawyer that that is they way the judges here like to do it...they want both parents, who live in this county, to have access to the kids.