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  1. #1
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    Default Can a Parent With Joint Custody Move Across State Lines Without Going to Court

    My question involves a child custody case from the State of: Florida (move is into Georgia)

    Me and my ex have joint custody as well as shared physical (week on, week off type) I moved into Georgia back in August (33 miles from my previous address) but I never did a formal change of address with the courts, only sent him texts of the move and we had a phone call. He was only upset that need would have to drive further when dropping our daughter off at the time. We compromised and started meeting at my mom's (about a ten minute drive for him, 40 for me)

    Now, I've filled a petition to change time sharing because he has been going out drinking, hasn't been consistent at all with a bedtime (she starts school in a few short months) and recently moved into a house with two other adult men where there has been parties happening (supposedly only on his off week)

    Now, he's threatening me saying he can make me move back to Florida and that he's spoke with 3 lawyers who have all agreed they can. He didn't say their names and honestly I don't think he has but I'm not sure.

    I had not planned on getting a lawyer but now I'm not so sure. Was I allowed to move out of state as long as it was within 50 miles? I know I should've completed a formal address change but he was okay with it back then.

  2. #2
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    Default Re: Can a Parent With Joint Custody Move Across State Lines Without Going to Court

    Quote Quoting Nenah
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    My question involves a child custody case from the State of: Florida (move is into Georgia)

    Me and my ex have joint custody as well as shared physical (week on, week off type) I moved into Georgia back in August (33 miles from my previous address) but I never did a formal change of address with the courts, only sent him texts of the move and we had a phone call. He was only upset that need would have to drive further when dropping our daughter off at the time. We compromised and started meeting at my mom's (about a ten minute drive for him, 40 for me)

    Now, I've filled a petition to change time sharing because he has been going out drinking, hasn't been consistent at all with a bedtime (she starts school in a few short months) and recently moved into a house with two other adult men where there has been parties happening (supposedly only on his off week)

    Now, he's threatening me saying he can make me move back to Florida and that he's spoke with 3 lawyers who have all agreed they can. He didn't say their names and honestly I don't think he has but I'm not sure.

    I had not planned on getting a lawyer but now I'm not so sure. Was I allowed to move out of state as long as it was within 50 miles? I know I should've completed a formal address change but he was okay with it back then.
    You may have issues. He has a right to put the child to bed whenever. Why do you think you get to dictate your child's bedtime with him? How recent was his move to his new house? You may very well end up still meeting at your mom's house. Why didn't you do a formal change of address with the courts when you moved? That would have protected you. Drinking is legal for him if he is 21 or over. He can have parties when your mutual child is present provided they are legal. What evidence do you have that they are detrimental to the child?

  3. #3
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    Default Re: Can a Parent With Joint Custody Move Across State Lines Without Going to Court

    Quote Quoting Ohiogal
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    You may have issues. He has a right to put the child to bed whenever. Why do you think you get to dictate your child's bedtime with him? How recent was his move to his new house? You may very well end up still meeting at your mom's house. Why didn't you do a formal change of address with the courts when you moved? That would have protected you. Drinking is legal for him if he is 21 or over. He can have parties when your mutual child is present provided they are legal. What evidence do you have that they are detrimental to the child?
    Not sure if I'm replying right or not...
    But it's common sense that children need sleep and consistency. She's starting school in 4 months and she can't go off of 6 hours sleep. She's 4 years old. And also because I'll be the one getting her up, ready and taking her. He won't enforce any type of consistency with her.

    He moved less than a month ago. This is his 3rd move with her to a new house with new people.

    I honestly kept forgetting and he agreed that I didn't have to at the time.

    You're saying he CAN have parties while my 4 year old daughter is present? If so this is a very messed up world we live in where people think that is okay.

  4. #4
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    Default Re: Can a Parent With Joint Custody Move Across State Lines Without Going to Court

    Quote Quoting Nenah
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    Not sure if I'm replying right or not...
    But it's common sense that children need sleep and consistency. She's starting school in 4 months and she can't go off of 6 hours sleep. She's 4 years old. And also because I'll be the one getting her up, ready and taking her. He won't enforce any type of consistency with her.

    He moved less than a month ago. This is his 3rd move with her to a new house with new people.

    I honestly kept forgetting and he agreed that I didn't have to at the time.

    You're saying he CAN have parties while my 4 year old daughter is present? If so this is a very messed up world we live in where people think that is okay.
    Yes he CAN have parties while HIS daughter is present. It is legal. Furthermore, HE can also decide on his child's bedtime.

    Those are called parenting differences. You have mentioned nothing illegal about the parties nor about the child staying up late. And if she is 4, is school even mandated at her age? Common sense is different than legality. He doesn't have to parent as you do to be a good parent.

  5. #5
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    Default Re: Can a Parent With Joint Custody Move Across State Lines Without Going to Court

    Quote Quoting Nenah
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    Not sure if I'm replying right or not...
    But it's common sense that children need sleep and consistency. She's starting school in 4 months and she can't go off of 6 hours sleep. She's 4 years old. And also because I'll be the one getting her up, ready and taking her. He won't enforce any type of consistency with her.

    He moved less than a month ago. This is his 3rd move with her to a new house with new people.

    I honestly kept forgetting and he agreed that I didn't have to at the time.

    You're saying he CAN have parties while my 4 year old daughter is present? If so this is a very messed up world we live in where people think that is okay.
    Your parents never had a few friends over for Christmas drinkies when you were a kid?

    You never attended a wedding where alcohol was being consumed?

    Seriously?

    Cripes, every Christmas day my Mother started with Advocaat at around 9am and had moved onto Malibu by noon. Ah, those were the days.

  6. #6
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    Default Re: Can a Parent With Joint Custody Move Across State Lines Without Going to Court

    Quote Quoting Dogmatique
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    Your parents never had a few friends over for Christmas drinkies when you were a kid?

    You never attended a wedding where alcohol was being consumed?

    Seriously?

    Cripes, every Christmas day my Mother started with Advocaat at around 9am and had moved onto Malibu by noon. Ah, those were the days.
    There is also the idea that the child may have one bedtime now and a different bedtime during school per her father. Mom, IMHO has nothing to change custody. Cue however abuse or illegal drug usage or whatever to make OP's point.

  7. #7
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    Default Re: Can a Parent With Joint Custody Move Across State Lines Without Going to Court

    Nope, my parents never got slap faced drink while we were present. And if they did drink, there was always a sober responsible adult present.

    I just don't understand how it is legal to be very intoxicated, not just a couple drinks, but slap faced drunk with a 4 year old present around people she would barely know.

    Thank God, or at least I hope, he's not having his parties while she's there.

    Well, already filed the papers so we'll see what the judge thinks. It's obviously not in my daughter's best interest to be raised in that environment, legal or not.

    He has been known to use illegal drugs while it is his week with her. My best friend witnesses it. But he was at a party elsewhere and just came home to my daughter with his parents this way.

  8. #8
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    Default Re: Can a Parent With Joint Custody Move Across State Lines Without Going to Court

    Quote Quoting Nenah
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    Nope, my parents never got slap faced drink while we were present. And if they did drink, there was always a sober responsible adult present.

    I just don't understand how it is legal to be very intoxicated, not just a couple drinks, but slap faced drunk with a 4 year old present around people she would barely know.

    Thank God, or at least I hope, he's not having his parties while she's there.

    Well, already filed the papers so we'll see what the judge thinks. It's obviously not in my daughter's best interest to be raised in that environment, legal or not.

    He has been known to use illegal drugs while it is his week with her. My best friend witnesses it. But he was at a party elsewhere and just came home to my daughter with his parents this way.
    Are you willing to lose custody completely of your child with this filing?

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