- Welcome to SPARC Forums.
My ex and I have joint legal custody. She wants to leave state with our child. Can she do this?
She may be able to. It depends on your divorce decree and what State you live in, as well as the specific details of your custody agreement. If you fear a move-away is a real possibility, these pages may provide some answers:
- Preparing For A Move-Away Or Custody Battle
- Preventing Domestic Move-Aways
- Preventing International Move-Aways
My ex and I share joint legal custody. She wants to travel out of state with our 3 year old. Is she legally obligated to provide me with flight documentation, place where they will stay & phone number?
This depends on what, if anything, is written in the parenting plan. If there is no provision addressing it, she may not have to provide you with this information. She should provide it for legal reasons, but most importantly for the child's safety.
For example, if the child needed emergency medical care and the mother was unavailable (injured or unable to give consent), you could authorize the medical care.
My 12 1/2 year old son refuses to go back to his other domicilary parent. He is under much stress at her house. He wants to stay with me, says he is happy with me. What can I do?
If it's really that bad, file for custody, and consider having an evaluation done. A judge may listen to reason if the child can clearly explain why he prefers to live with you. See the following articles:
- Dealing With A Child Who Wants To Change Residency
- Defining Substantial Change In Circumstances
- At What Age Can A Child Choose?
At what age can a child decide for himself which parent he wants to live with?
For a complete discussion on this subject, please see At What Age Can A Child Choose?