Wednesday, February 1, 2012

Father's rights in joint custody? What if the custodial parent wants to move?

My parents have joint legal custody of me, and I visit my dad every other weekend and split holidays. I live with my mother, but it has been really rough the past few years. She has some mental health issues (severe depression, paranoia etc.) and since my parents divorced about 6 years ago she has quit 2 jobs, been fired from one job, moved apartments 6 times, and we are currently living in the basement of my aunt's house about 40 miles away from my school (I travel 4 hours round trip just to get to and back from school). She has exhausted all of her unemployment checks and savings and is living off of my child support money and my college fund. Despite having no money, she has involved herself in an expensive lawsuit against her previous employers. She also gets irrationally angry over small things and talks often and openly about suicide to me but refuses any type of help.



My dad, who has a stable job and residence, offered to try to change my custody, but seeing as I have only 6 months left until I graduate from high school I said I would stick it out. Now, suddenly, she has decided that she wants to move to Arizona next month in order to avoid facing a judge in her lawsuit case who she is convinced will rule against her. We currently live in Illinois. If she does this, I would not be able to visit my dad (who still lives in Illinois), would have to change schools the last few months before graduation and potentially risk losing a college scholarship which is specifically meant for Chicago public school students.



Does my dad have the right to prevent her from making this move since he has joint custody? Are there any legal recourses available to prevent this? Also, how difficult would it be to change custody? Basically, I want to know what my options are!Father's rights in joint custody? What if the custodial parent wants to move?
Yes, you file can file an injunction to prevent you being moved. Send him this. Also, you sound like a good child. I hope you have a bright future.

To learn a father's rights, join Dads House Educational Center in Yahoo Groups. It's free to join, access all materials You associate with other fathers going through, and have already gone through, the same issues. We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues. Mention your question here when asked why you want to join, as well as your state? http://groups.yahoo.com/group/Dads_House鈥?/a>
http://www.facebook.com/pages/Dads-House鈥?/a> \\\\\\\\Father's rights in joint custody? What if the custodial parent wants to move?
Yes he does, but he must contact a lawyer to get the correct advise for that state! Also each state still has its own set of requirements for grad. from H.S.Father's rights in joint custody? What if the custodial parent wants to move?
I am sorry that you have had to live like this . This saddens my heart. I am not a lawyer but, i have been through some of this joint custody with a family member . I do not believe that she can move out of state without going back through the court system and having a court order stating that she can leave with you , or dad has to agree to the move in which the papers would again need to go through the system.I do know if a parent moves out of state without the other parents consent the papers can than at that time be redone and that would be a perfect opportunity for your father to get full custody. I am really shocked that he hasn't already done this considering all the trauma that you have been going through .I would think that with all that you have described that he shouldn't have any problem getting custody . There is alot of things that are wrong in your environment and upbringing.Talk this over with your dad and tell him your concern with the mother talking suicide. that is not a healthy environment to be in . I feel for you having to grow up this way. Please try to keep your head up and spirits high ! don't let your mothers depression effect your life, she does need professional help. I will be praying for you and hope everything works out for you .You stick with it and keep plugging away at school hope you can graduate and then move in with dad and have a health life style and grow up to be productive asset in Society. god bless
Your Dad could fight your move. And given your Mom's problems, and his stability, and the fact that you get along fine with your dad...the court might go ahead and move custody to him. And while I'm sure you'd hate changing schools mid-year of your Senior year, it might, in the long run, be the best for all concerned.

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