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  1. #1
    Join Date
    Dec 2006
    Posts
    26

    Default No custody ordered and I am moving

    I have a child with my ex boyfriend. We have been sharing custody of our daughter for 6 months now. I am engaged and moving to Washington. I am currently in California. I have another child by another man who has nothing to do with her. I notified my childs father about the move and he says that he is not going to let me. We have no custody agreement in california. Do I have rights to move and then start custody arrangement? I offered to fly her out every 2 months on my bill and he would have to pay me nothing in child support and he still says no. I am at a loss now. Do I need a lawyer to get a custody agreement? HELP!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: No custody ordered and I am moving

    If you move, you run the risk that he will go to court and seek a custody order in California before Washington has jurisdiction over custody issues. You should consider trying to get a custody order in place before you go.

  3. #3
    Join Date
    Dec 2006
    Posts
    26

    Default Re: No custody ordered and I am moving

    When would washington have jurisdiction over my case.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No custody ordered and I am moving

    Assuming no custody action or motions are pending in California, Washington would have jurisdiction once the child has been domiciled there for six months. It is possible that the father could fail to act in California, fail to object to Washington's taking jurisdiction, or consent to Washington's jurisdiction.

  5. #5
    Join Date
    Dec 2006
    Posts
    26

    Default Re: No custody ordered and I am moving

    I have read that if I leave the state with the child without the courts permission that I could lose all custody. Is that only when there is an order already?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No custody ordered and I am moving

    No, although moving in violation of a court's order isn't a particularly good way to endear yourself to the judge who issued the order. If you move and custody proceedings end up being held in a different state, it can be harder to appear at court hearings, and you open the door to the argument that you moved primarily to prevent the other parent from having access to the child.

  7. #7
    Join Date
    Dec 2006
    Posts
    26

    Default Re: No custody ordered and I am moving

    I am defintly not moving to do that. I have already secured a job in the state I am moving. I am hopefully moving in febuary but I was trying to get information on the custody first. Like I said I offererd to fly her down all of the time. I have a house and a life in Washington already just on hold because the father will not agree to allowing me move. He has control issues. That why I was just planning on leaving and then beginning the court process so I do not lose out on my job.

  8. #8
    Join Date
    Sep 2006
    Location
    Alberta, Canada
    Posts
    18

    Default Re: No custody ordered and I am moving

    I am an un-wed single father and it is my opinion your ex is selfish and out of his mind. My ex could learn alot from you.
    Quote Quoting skylarann
    View Post
    I have a child with my ex boyfriend. We have been sharing custody of our daughter for 6 months now. I am engaged and moving to Washington. I am currently in California. I have another child by another man who has nothing to do with her. I notified my childs father about the move and he says that he is not going to let me. We have no custody agreement in california. Do I have rights to move and then start custody arrangement? I offered to fly her out every 2 months on my bill and he would have to pay me nothing in child support and he still says no. I am at a loss now. Do I need a lawyer to get a custody agreement? HELP!

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