Dayton, OH asked in Child Custody, Immigration Law and Family Law for Ohio

Q: If someone from Canada on a visa has a child and has primary custody can they move minor child without other parents

Consent in a joint custody agreement

2 Lawyer Answers
Todd B. Kotler
Todd B. Kotler
  • Divorce Lawyer
  • Canton, OH
  • Licensed in Ohio

A: Unfortunately this particular question present enough facts to be able to answer completely period the outcome would depend upon which court issues the custody order And upon the language of the parenting agreement itself. This form is for general information comma rather than advice as to a situation that is this specific period this parents shouldn't immediately get in touch with their attorney

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: When it comes to child custody and relocation, it's essential to consult with a legal professional who specializes in family law in the relevant jurisdiction, as laws may vary depending on the specific circumstances and local regulations.

In Canada, if parents have joint custody of a child and one parent wishes to move with the child, they generally need the consent of the other parent or a court order allowing the relocation. Joint custody typically means that both parents have equal rights and responsibilities in making major decisions for the child, including matters related to their residence.

If one parent wants to relocate with the child without the consent of the other parent, they may need to seek approval from the court. The court's decision will depend on various factors, including the best interests of the child and the specific circumstances of the case. The court will consider factors such as the reasons for the move, the impact on the child's relationship with the other parent, and the child's overall well-being.

It's crucial to consult with a family law attorney in your jurisdiction who can provide advice tailored to your specific situation. They can guide you through the legal process, help you understand your rights and obligations, and assist in seeking appropriate legal remedies if necessary.

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