Out of State Visitation, Do I Have to Let Him Go
My question involves a child custody case from the State of: ny
My exhusband is moving from ny to oklahoma. I have primary physcial custody of our son[11] . he has visitation 1 weekend a month. My question is if he moves do i have to let my son go and visit? I was once told that if he leaves the state all his rights that were on the court paper will be voided. Does he need permission to move out of state? I really dont want to send my son out that far.I also recieve no support.
Re: Out of State Visitation,do I Have to Let Him Go
what does the custody/visitation order state concerning this matter?
Re: Out of State Visitation, Do I Have to Let Him Go
It dosent say anything in the papers about moving or anything[on his side].
Re: Out of State Visitation, Do I Have to Let Him Go
Then he doesn't need permission to move and you may not deprive him of his visitation.
Whoever told you that he loses his rights upon moving is sadly mistaken.
Re: Out of State Visitation, Do I Have to Let Him Go
I was accually tod this by the law guardian when we went back to court. he had done this once before. Moved out there for 11/2 yrs came back and wanted to take off from where he left off. The lawguardian told him the worst thing he could of done was leave the state. I didnt even have to give him weekends [law guardian was agnist it] but being the nice person I am gave it to him[law guardian gave him 1 wk end a month].
Re: Out of State Visitation, Do I Have to Let Him Go
actually, you don't give him anything, weekends, weekdays, holidays, or whatever. The courts give him what they see as appropriate.
so, let's get back to the point;
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My question is if he moves do i have to let my son go and visit?
unless there is something in the visitation order that restricts this, you cannot refuse to follow the courts order regarding visitation. That means you have to let him go.
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I was once told that if he leaves the state all his rights that were on the court paper will be voided.
Somebody lied to you. He loses nothing because he moves out of state.
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Does he need permission to move out of state?
No, but I have to ask; why would you even think he might need permission? Do YOU need permission to move out of state?
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I really dont want to send my son out that far.
So. If you have a problem with it, you need to have the courts revisit the visitation order and they will tell you if you have to let him go or not.
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I also recieve no support.
and this matters becuase? Custody, visitation, and child support are different matters and you cannot refuse to allow him his visitation because he does not pay child support or even if he refused to pay support if the courts ordered it.