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  1. #1
    Join Date
    Jul 2013
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    3

    Default Custodial Parent, Non-Custodial Parent and Child Are in Agreement but

    My question involves a child custody case from the State of: Florida

    I am the non-custodial parent yet my daughter has been living with me for almost a year now. About 4 months ago my daughter's mother and I agreed that she should stay with me in which my daughter is happy with this. I currently pay child support still as it takes a long time to close the case it seems and I'm forced to do so until then. I do not plan on opening a case against the mother as my daughter is 16 going on 17 and it is pretty much pointless if I even cared to.

    I have filed an emergency motion and followed that with filing an agreement, signed by the mother, to the court. Everyone is happy right?

    Well here is the issue. I have just relocated to Virginia for a new job and my daughter wants to move with me. Her mother is fine with it as well but unfortunately the agreement still has not been signed off on by a judge yet. As I understand it, as non-custodial parent, I can't even take her out of state. School starts soon and I want to get her registered here already. Her mom already withdrew her from school in Florida assuming she would go with me up here.

    Is there anyway to do this that doesn't end up with me breaking a law or having to wait until the judge approves everything. Daughter is adamant that she will not go back to live with her mom. She has nothing against her but has fixed her life and improved in school since she has been with me.

    Any help here?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custodial Parent, Non-Custodial Parent and Child Are in Agreement but

    No no no no - of course you can take the child out of state! Mom is in agreement, correct?

    You're not going to get into any trouble.

    The ONLY issue I see is the school being reluctant to enrol the child without written stuff from Mom - but that shouldn't be a problem, no?

  3. #3
    Join Date
    Jul 2013
    Posts
    3

    Default Re: Custodial Parent, Non-Custodial Parent and Child Are in Agreement but

    LOL... assuming things remain amicable It wouldn't be a problem. She is definitely in agreement currently but I'd like to re-assure myself that I won't have someone knocking on my door one day with the intentions of arresting me. Is it legal enough to have her sign that she is willingly allowing our daughter to move with me? If so, I assume it would need to be notarized?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custodial Parent, Non-Custodial Parent and Child Are in Agreement but

    Give the school a call and ask them their requirements.

    Even if Mom changes her mind last minute, the police will tell her it's a civil matter.

    While the notarized agreement isn't technically legally binding, if Mom chose to make a fuss it would certainly bolster your case as it would clearly show her intent.

    Don't sweat it, Dad

  5. #5
    Join Date
    Jul 2013
    Posts
    3

    Default Re: Custodial Parent, Non-Custodial Parent and Child Are in Agreement but

    As I was hoping to hear. The mother and her husband have told me it won't be a problem and not to worry about it but of course I do since I have a wife, two young kids and a teenager to take care of.

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