kids live in different county what lawyer

What happens to a child when parents live in different states?

Mar 22, 2012 · If you move more than 150 miles away (or out of state), there are certain legal obligations you have to the non-custodial parent. They are set-forth in Utah Code Annotated Section 30-3-37, which you can see at: www.le.state.ut.us I would recommend that you carefully review this law, and follow its requirements.

Can a judge rule in favor of the county and children?

Oct 29, 2016 · Modifying Custody When Parents Live in Different States Once the child’s home state issues a custody order, that state keeps jurisdiction over the case. For example, if a child lives in Texas with one parent and the other parent lives in Mississippi, only the Texas court can make changes to the custody order .

Can a court keep a case in the district it originally filed?

Dec 31, 2016 · Physical and Legal Custody States recognize two types of custody of a child: legal and physical. Joint custody usually refers to both parents sharing physical and legal custody of a child. When parents live in different states, it is possible for both to share physical and legal custody of a child, or some other arrangement.

How does custody work if parents live in different countries?

Parents Residing in Different Countries If a parent living in another country tries to take the child out of the country in violation of the child custody order, the parent can invoke the Hague Convention on the Civil Aspects of International Child Abduction.

What is the legal age for a child to decide which parent to live with in Indiana?

14When can my child decide which parent to live with? Until your child reaches the age of 18, the court will make a determination as to custody. However, at age 14, consideration is given to the child's wishes by the court when making this determination.

How old does a child have to be to decide which parent they live with in Scotland?

The court has to give a child the opportunity to express a view as to where and with whom they are to live and to take that view into account. It is presumed that a child aged 12 or over has sufficient maturity and understanding to be able to express a view.

How far can you move if you have joint custody in California?

45 to 50 miles awayHow Far Can I Move With Shared Custody in California? When you have shared custody, you can move – usually up to 45 to 50 miles away – provided that you have agreement from your children's other parent.

Can a 12 year old choose which parent to live with in Indiana?

The fact of the matter is, under Indiana law, there is no age in which a child gets to choose which parent they will live with.

At what age can a child refuse to see a parent in Indiana?

In Indiana, a child's wishes regarding custody are not controlling until the child is at least 14 years old, to help minimize any undue influence from a parent. Nevertheless, the preference of a child younger than 14 won't be discounted entirely.

Can a 10 year old decide which parent to live with?

At what age can a child decide? In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old.

What is a Section 11 order?

These are sometimes referred to as 'section 11 orders' and the most common orders sought in this situation are a residence order to regulate where the child will live and an order conferring PRRs on the carer.Dec 13, 2016

What access is a father entitled to?

By law, unmarried mothers are the sole guardians of children born outside of marriage. A father may apply for access whether or not he is a guardian. He can do this even if his name is not on the child's birth certificate, and even where his application for joint guardianship has been turned down.Apr 22, 2020

How far apart can parents live and still have 50/50 custody in California?

Rule of thumb is parents need to live within 20 miles of each other. Generally in cases involving parents that live more than 20 miles apart there's usually a primary physical custodial parent because more than 20 miles just becomes too difficult to have the children going between two homes 50 percent of the time.Feb 8, 2019

Can a mother move a child away from the father in California?

California Family Code 7501 gives parents who are “entitled to custody” a presumptive right to move away. This right is not absolute and can be denied if the move is detrimental to the child.Jul 8, 2021

What is the most common child custody arrangement?

The most common are sole custody, joint custody, and primary physical custody. Legal custody is also available. Grandparent and visitation custody is another a type of enforceable child custody agreement.Nov 16, 2020

What is the home state of a child?

The “home state”—which refers to the state where the child has resided for the past 6 months—has priority over the jurisdiction of any other state. For example, if you and your child’s other parent lived in Kansas for the past 3 years, but last week you relocated to Washington with your child, Kansas is still considered the child’s home state, ...

What factors are considered when determining custody?

When judges determine custody, they must consider various factors, including your (or your ex’s) reasons for moving, the child’s ties to the community, your relationship with the child’s other parent, and ultimately what custody arrangement best meets the child’s needs.

Can a parent change custody of a child in Texas?

For example, if a child lives in Texas with one parent and the other parent lives in Mississippi, only the Texas court can make changes to the custody order.

How can I stay connected to my kids?

Also, thanks to the Internet, there are other ways for you to stay connected to your children, not just e-mail. There is something called “virtual visitation” that helps you have “visits” with your children through web-based camera-computer technology. Find more information on virtual visitation.

How to determine if a child is in custody?

In general, a state may make a custody decision about a child if 1 of the following is true: 1 The state is the child’s “home” state. This means the child has lived in the state for the last 6 months, or was living in the state but is not there because a parent took the child or kept him or her out of the state. 2 The child has significant connections with people in the state, such as teachers, doctors, and grandparents. It can be proven that the child’s care, protection, training, and personal relationships are based there. 3 The child is in the state and either has been abandoned or is in danger of being abused or neglected if sent back to the other state. 4 No other state can meet 1 of the 3 tests listed above, or a state can meet at least 1 of the tests but has declined to make a custody decision.

Is custody permanent or temporary?

But it is not always clear whether a custody order is permanent or temporary, so what the law requires may be different in your case. Talk to a lawyer to make sure you understand how the law applies to your specific circumstances. If the parents have joint physical custody of the children and 1 parent does not want the child to move, ...

Can you travel out of state with your kids?

Traveling out of state or the country with your children. Usually, you need the other parent’s permission to travel out of state with your children, especially if you want to leave the country , or if, because of your traveling with your children, the other parent will miss his or her court-ordered visitation.

Can a parent move away with their children?

Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children.

How to transfer a family law case to another county?

In order to transfer a family law case to another county, one party must file a motion, also called a request for order. This motion is the legal process of asking the court to move the case to another court. Additionally, the most important part of the motion is the supporting declaration.

What does it mean to attend a hearing?

Attend a Hearing. At the hearing, the judge may ask questions to both parties. Obviously, both parties agreeing to move the matter to a different county is preferable. Such an agreement would ease the court’s ability to approve the request.

Can you move a case to another county?

Once the court has approved the order, the parties can move their case to the other county. However, keep in mind that this change will also require the moving party to pay another first appearance court filing fee to the new county.

Why is a parenting plan important?

A parenting plan is essential to divided families, especially when the parents will be living in separate states. Parenting plans outline the specifics of what will happen with your child and include anything from where the child will live, go to school, and what religion they’ll practice, to how often they will speak to and visit with each parent. ...

Can a parent move a child to another state?

There are typically two reasons why one parent who has a child living in one state may make the decision to relocate to another state (either with or without the child).

Can you report a child out of school?

Out of district children cost taxpayers of the district money, raise class sizes, and use already strained resources. You should be aware, however, that there are situations for which children may go out of district without being required to pay tuition. One example would be a special education child being placed in a different district if that district has services that the child cannot receive in their home school.

Can a child attend school in Pennsylvania?

There are circumstances where a child can attend a school in a district that differs from the home district of the parent. Under Pennsylvania law (24 PS §13-1302) a non resident child who is residing with a resident, who is supporting that child gratis (i.e. without personal compensation from the parents ), may attend school within that resident's school district, provided the resident either completes a sworn statement...

How to move a parent?

Some Suggestions for Custodial Parents who are Wishing to Move: 1 Make sure your contemplated move is not out of spite. While whether the move is being made in good faith is not a significant factor in the Court’s analysis, the Court will consider if the move is being made specifically to interfere with the other party’s custodial time. 2 Give ample written notice to the noncustodial parent, not just a month or 45 days. Even several months notice may not be enough. The Courts are congested and your case may not be resolved at the first hearing. Make your plans appropriately. 3 Provide a specific custodial plan that allows the other parent to maintain his or her frequent and continuing contact with the minor children. This may include, depending on the distance of the intended move, substantial time in summer/off school offering to pay airfare for visits, offering airfare for noncustodial parent to come out and visit, or any other effective compromise that allows that no loss of time and still maintains the noncustodial parent’s ability to see the children regularly. 4 Consider filing your own Order to Show Cause to obtain a move away order, instead of waiting for the other party to do so.

How to prevent a pound of cure?

Be proactive – if not otherwise prohibited, go to back to school night, open houses, the children’s extracurricular activities, meet teachers, go to doctor’s appointments, etc.

Is a contemplated move out of spite?

Make sure your contemplated move is not out of spite. While whether the move is being made in good faith is not a significant factor in the Court’s analysis, the Court will consider if the move is being made specifically to interfere with the other party’s custodial time.