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
Answered
  • 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.