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  1. #1
    Join Date
    Feb 2006
    Location
    New York
    Posts
    1

    Default Simple (hopefully) question about Joint Custody

    I imagine you see these types of questions all the time, and I read through a bunch, but they all tend to be slightly different, so I wanted to get a answer in my case, to make me, as a father, feel more comfortable.

    I have a 5 year old daughter, I have also went to court with the mother, and we chose joint custody, she has physical, since my daughter goes to school in her district. I have her every week fri afternoon - monday morning, when I take her to school, as well as during most all of her breaks.

    My ex's home life is a bit eradic, to say the least, not one I have approved of, and I have been pondering going for full custody. I would have a strong case I believe, but that is for another time. The mother found out somehow that I was looking into this, and called me this morning, saying that her father had a heart attack, and she was going to see him. We live in NY, her father lives in Florida. Whether it is true or not, I don't know, her father was in bad health. But I have the strange feeling she might be trying to move down there.

    She mentioned before that she wanted to move there, but I said no, as I would not see my daughter. She got angry about that. Her new husband also had several drunken charges filed against him the past weekend, which makes me think that he might want to run, as he was /is on probation for drinking. WHich is a big part I want custody of my daughter.

    But, to make a long story short, I believe that my ex cannot take my daughter and relocate with out my legal consent, correct? I OK'ed it that she go down to see her father, and for my daughter to visit him, but that is for 'vacation'.

    And if she does decide to try and stay, what actions should I take, and how long should I wait to see?

    The joint custody was done in court, I have a written paternity test stating me as the father, and I am on the birth certificate.

    Thanks for your time.

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

    Default

    Your custody order likely restricts the ability of either of you to move the child's domicile to another state without court approval. Presumably this "vacation" would be for a week or two? Get a firm date upon which your daughter will return (whether or not her mother comes back), and if that schedule is not kept consider bringing a custody action.

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