Q: I have full custody of my oldest two kids and 50/50 of the youngest
The mother up and left two years ago and moved to flordia. No agreement was made when she left and there has been no contact with her for that time. I’m looking at moving out of state. Do I have to file to leave the state?
A:
You said you have "full custody." Does that mean you have a court order that says so? If you have a court order, you need to always read the court order. Not all court orders are the same. Some say that you can't move without a "move away order," which means you have to go back and get permission from the court before the move. YOu need legal advice to interpret the court order.
The reason why this is not clear is because you said: "No agreement was made." So even though there was no agreement, was there a court order?
However if there are no court orders from any court giving you "full custody" as you say, then you have unfinished business. If you have no court orders whatsoever from any court, then both mother and father have equal rights to take care of the kids. It is unclear if you are married or unmarried. If you are unmarried, you should file a "paternity" case to establish that you are the father and ask for full custody. If you are married and don't plan on getting back together with the mother, you should file a divorce and ask for the judge for full custody. If the mother has been absent for two years, you will most likely get the full custody. You need to get to work and get this done. Better to do it now before you leave; At a minimum sit down with a family law attorney and get some solid advice before you move out of state.
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