Is it legal for a custodial parent to leave the state without the other parents permission?

Ok im not sure if anyone knows but I live in FL and my husband has a little girl who's 8 by another woman, well about a year ago she moved up to OK, and what i was wondering was is it legal for her to do that, he is paying child support and has been for about 7 yrs now i know the child support has nothing to do with it but he doesnt get to see her, until now they came down for a week and its been over a year since he has seen his little girl, her mother is listed as the cusodial parent and he is the non-custodial parent does he have any say in what she does, we need to know what we need to do, we have had her for three days and were suppose to take her back tonight but when we got to where they were staying noone was there(her mother knew what time we were bringing her home) and my husband called and she said to leave her with the neighbor which the little girl doesnt know, and i told him no that she could come and get her from our house, come to find out the mother is out drinking and said she couldnt come and get her..its a messed up situation what can we do if anything???

11 Answers

Relevance
  • 1 decade ago
    Favorite Answer

    A great deal depends on the agreement between the two parents when custody was hashed out. Generally, if one parent takes the kid out of state, that parent must foot the bill for transportation for the child to make regular/holiday visits as agreed. If there is no agreement, your husband needs to get one in place right away. It will be difficult to enforce it in another state, but it's worth a try.

    I don't understand most of your post because I quickly got lost is a sea of pronouns. But if you believe the child to be in danger, call Child Protective Services in your area and arrange an investigation of the circumstances where the child is in Oklahoma. Different states manage these matters through various agencies; your CPS should be able to guide you.

    • Login to reply the answers
  • 1 decade ago

    Any time a parent leaves on a vacation or moves to another state..they must by law, notify the other parent of their actions. If a parent moves to another state without permission and notification, they are subject to having to return the child back to the state that they moved out of. This is called: parental kidnapping, when they leave and refuse to return the child. A motion will be filed by the other parent, to obtain custody of the child, it is granted by the judge and law enforcement and the parent can go and get the child, if the parent does not cooperate.

    This goes to court, it is a crime.

    • Login to reply the answers
  • 1 decade ago

    I'm pretty sure she would had have to notify your husband BEFORE moving, and then he could had taken up an attorney to try and stop her from moving.

    I have sole custody of my son, yet I still have to tell my ex well in advance if I plan to move, in case he opposes it.

    He should get a lawyer (yeah, I know, they are expensive), and try and get a set visitation schedule, or even the return of the child. Here, moving without informing the other party, to try and stop access for the non-custodial parent, is sometimes grounds to a change of custody! I wouldn't dare do that...!!!

    • Login to reply the answers
  • Anonymous
    4 years ago

    If you have full parental custody of the child you can take them anywhere you want to. Seems like with her moving so far away she really has no interest in the child. I would petition the court for full custody and more then likely it will be granted to you.

    • Login to reply the answers
  • How do you think about the answers? You can sign in to vote the answer.
  • 1 decade ago

    if you and hub are interested in get custody then you can file for emergency custody. present the situation to a majastrate and could possibly be granted custody of the child. don't want to give false hope so really you should contact an atty asap in the am to see what the options are...what does the little girl want. I kinda have the same woman on my hands except our little one is four...her mom told us to leave her with the neighbor too and she started crying so we just drove home 3 hours. turned ugly. good luck!

    • Login to reply the answers
  • Anonymous
    1 decade ago

    Yup its legal but the other parent can challenge it in court if he wants. If the non custodial parent takes the kid it is a crime. If the custodial parent does then its ok. If they share custody then one cannot do it without going through the other one.

    • Login to reply the answers
  • Anonymous
    1 decade ago

    your situation is just like my brothers, you can take it to the court, and get awarded custody. the custodial parent can not leave the state, my sister in law moved to texas with her daughter from a previous marrige and she had to get it awarded to her by the court because her ex husband wouldnt give her permission. if she would have left without permission then they would have went and got her and put her butt in jail

    • Login to reply the answers
  • Anonymous
    1 decade ago

    as far as I know this is a state by state issue. I would say that right now though she has all the rights and if you leave the state with her then you will be the one in trouble. Go to a lawyer first thing in the AM.

    • Login to reply the answers
  • 1 decade ago

    Typically, the custody agreement should have visitation guidlines, if she is not meeting them, then he needs to file a complaint in court. If visitation was not defined, again, go back to court.

    • Login to reply the answers
  • 1 decade ago

    Yes. If she has custody, she can move.

    • Login to reply the answers
Still have questions? Get your answers by asking now.