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  • Moving without a custody agreement?

    My fiance and I would like to move to our home state to be closer to our family and for an excellent job opportunity. The school system in this other state is much better as well. However, I have a child with another man and worry this will make things very difficult. Last year, I was summoned to court because he had filed for custody. Since he lives in a different state than us, and filed in his state, the judge denied his claim under UCCJEA. However, they used temporary jurisdiction to allow a visitation agreement between us.

    My question is are we allowed to move, and if so, what would we need to do? I really believe it is in the best interest of my child.

    Here are some possible important notes:

    - There is no custody agreement.
    - I have never been married to the biological father.
    - There is a court order against him for child support which is in arrears.
    - There is a visitation agreement which could easily be kept where we'd be moving to.
    - He is the established biological father and is on her birth certificate.
    - He is considered a "non-custodial parent."
    - Neither of us has ever lived with him, or in the same state as him.

    Thank you in advance for any information and advice.

  • #2
    Re: Moving without a custody agreement?

    I wish to inform you that you may file a petition in the local Family Court seeking permission of the court to move the child to a new state. The court always considers the best interests of the child. You will need to prove to the court that it is in the best interests of the child to move to the new state with you. You may inform the court that while the father has visitation, the child has never stayed with him nor in the state where the father lives. The schools in the new state to which the move is proposed are better. The new state would be your home state and that of your fiance. You would have a good job and support from family. The court will consider all the facts and decide the matter.

    AFF

    Comment


    • #3
      Re: Moving without a custody agreement?

      Originally posted by patricia1234 View Post
      My fiance and I would like to move to our home state to be closer to our family and for an excellent job opportunity. The school system in this other state is much better as well. However, I have a child with another man and worry this will make things very difficult. Last year, I was summoned to court because he had filed for custody. Since he lives in a different state than us, and filed in his state, the judge denied his claim under UCCJEA. However, they used temporary jurisdiction to allow a visitation agreement between us.

      My question is are we allowed to move, and if so, what would we need to do? I really believe it is in the best interest of my child.

      Here are some possible important notes:

      - There is no custody agreement.
      - I have never been married to the biological father.
      - There is a court order against him for child support which is in arrears.
      - There is a visitation agreement which could easily be kept where we'd be moving to.
      - He is the established biological father and is on her birth certificate.
      - He is considered a "non-custodial parent."
      - Neither of us has ever lived with him, or in the same state as him.

      Thank you in advance for any information and advice.
      The court that entered the decree retains jurisdiction -- until it relinquishes it to another court upon its application.

      You need to notify the court and the non custodial father of your plans to move to another state and when. Even though you say you can keep the visitation arrangement, it is still required if you want to keep your nose clean with the court.

      What the motion would be called is a motion to modify the decree -- the visitation part with notice to the court of the county and state in which you intend to reside -- and when you anticipate the move.

      Once you move you need to file a certified copy of the custody/visitation decree in the superior court of the county where you will be residing -- its UCCJEA Registry which every court maintains. Should any issue arise, that order will be there for the local court and authorities to access.

      Comment


      • #4
        Re: Moving without a custody agreement?

        Originally posted by Friend In Court View Post
        The court that entered the decree retains jurisdiction -- until it relinquishes it to another court upon its application.

        You need to notify the court and the non custodial father of your plans to move to another state and when. Even though you say you can keep the visitation arrangement, it is still required if you want to keep your nose clean with the court.

        What the motion would be called is a motion to modify the decree -- the visitation part with notice to the court of the county and state in which you intend to reside -- and when you anticipate the move.

        Once you move you need to file a certified copy of the custody/visitation decree in the superior court of the county where you will be residing -- its UCCJEA Registry which every court maintains. Should any issue arise, that order will be there for the local court and authorities to access.
        Thank you for this. Do you know if this process is rather pricey, or if it might just be a modest fee for paperwork?

        Additionally, would I need to file the motion in the state where the agreement was made (his state) or my state? I would assume his state, and I apologize if you've already answered this within your response.

        Comment


        • #5
          Re: Moving without a custody agreement?

          The agreement needs to be filed in the state where the custody decree was entered. Presumably that is where the child still resides.

          Comment


          • #6
            Re: Moving without a custody agreement?

            Originally posted by Friend In Court View Post
            The agreement needs to be filed in the state where the custody decree was entered. Presumably that is where the child still resides.
            No, there is no custody agreement. There is a visitation agreement, which was issued by his state upon our request. I stated in my initial question post that he filed for custody in his state, but was denied based on UCCJEA--my child's home state was not his, so they denied his claims. The visitation agreement was recommended by our lawyers to help resolve the issue, instead of going back to court in my state. My child has always lived with me in my state, never in his.

            Since the agreement was made through his state court with temporary jurisdiction, should I file the motion there, or in my state?

            Comment


            • #7
              Re: Moving without a custody agreement?

              A lack of response to my last post makes the only help I received invalid... =\
              Thus far, this site hasn't helped me at all...what's the point to it?

              Comment


              • #8
                Re: Moving without a custody agreement?

                Originally posted by patricia1234 View Post
                No, there is no custody agreement. There is a visitation agreement, which was issued by his state upon our request. I stated in my initial question post that he filed for custody in his state, but was denied based on UCCJEA--my child's home state was not his, so they denied his claims. The visitation agreement was recommended by our lawyers to help resolve the issue, instead of going back to court in my state. My child has always lived with me in my state, never in his.

                Since the agreement was made through his state court with temporary jurisdiction, should I file the motion there, or in my state?
                If one gives insufficient information to answer -- and then the person does not like the answers he or she gets, there is no motivation to continue to answer again. If the child primarily resides with you (the poster) you can bet your bottom dollar there is a custody decree. When one parent is the "visiting" parent, the other has custody.

                The UCCJEA prevails. Since there are two lawyers involved, my recommendation is that the poster follow her lawyer's advice. Any time the UCCJEA is involved, the courts decide between themself which is the proper state to entertain a motion and hearing. But then one's lawyer should have told her that.

                Comment


                • #9
                  Re: Moving without a custody agreement?

                  Originally posted by Friend In Court View Post
                  If one gives insufficient information to answer -- and then the person does not like the answers he or she gets, there is no motivation to continue to answer again. If the child primarily resides with you (the poster) you can bet your bottom dollar there is a custody decree. When one parent is the "visiting" parent, the other has custody.

                  The UCCJEA prevails. Since there are two lawyers involved, my recommendation is that the poster follow her lawyer's advice. Any time the UCCJEA is involved, the courts decide between themself which is the proper state to entertain a motion and hearing. But then one's lawyer should have told her that.
                  Insufficient information? I stated in my original post that there is NO custody agreement. My childs father wasn't around until last year when I was served with custody hearing papers. My child was already 3 years old. He showed up for the birth, got on the birth certificate, then disappeared. We were never married, never lived together or in the same state, and he never helped with anything.

                  UCCJEA just states that my childs home state is the state in which the child has lived for at least 6 months. That is my state, obviously. We won the custody agreement without a custody ruling because the case was held in his state, not mine. Basically, the case was thrown out. The judge did, however, allow us to come up with a visitation agreement to avoid going back to court in my state.

                  I have not asked my lawyer about this specific topic because it is something far down the road that may or may not happen. I was simply trying to find out over the internet what would need to be done in order to move. I see now that asking my lawyer would have been much easier and rewarding than posting on here.

                  Your post was useless because it states that my agreement needs to filed in blah blah blah....but that was not my quesiton. I just wanted to know in which state to file the paperwork for moving. If one provides an insufficient answer --and then doesn't fully comprehend the situation, there definitely wouldn't be any motivation to provide a useful answer. Thanks for nothing though!

                  Comment


                  • #10
                    Re: Moving without a custody agreement?

                    You still would be in contempt of the visitation agreement if you move to another state without court approval -- whether you like the answer or not!

                    I suspect you are going to do what you want to do -- regardless of any answer someone gives.

                    Good luck to you.

                    Comment

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