Q: How do I go about moving out of state with my child due to husband's work and haveing joint custody?
I have primary custody and my papers say I am allowed to determine primary residence without reguard to geographical location. Im not sure how I am supposed to go about it or if he is able to stop me in any way.
A:
If your court orders state that you have the "exclusive right to designate the primary residence without regard to geographical location", you are allowed to move your child's primary residence (within or outside of the State) without further permission from the court.
You should read your court orders carefully because most court orders typically state that you are required to notify the other parent of your new address at 90 days prior to a move, if the address is known. If the address is not known, you are required to notify the other parent no later than 5 days after the move.
If you notify the other parent prior to the move, he can file documents with the court asking the court to prevent you from changing your child's primary residence.
I hope this information helps. Good luck to you!
1 user found this answer helpful
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