Wiki User
∙ 14y agoNot without permission of the court.
Wiki User
∙ 14y agoYou divorce and get custody over your kids or just get full custody!
You have the visitation rights that were established in the divorce, and you have no custody rights.
YES, IF YOU ARE GOING THROUGH A DIVORCE, YOU NEED TO ASK FOR CUSTODY AS PART OF THE DIVORCE SETTLEMENT. THIS WOULD BE THE BEST TIME TO DO IT BECAUSE IF SOCIAL SERVICES ALREADY TOOK THE CHILDREN FROM THE MOTHER , THE JUDGE WOULD EASILY GRANT YOU CUSTODY THE CHILDREN.
In a divorce, the other spouse has to be notified of the motion for divorce, and they also have to be notified of your intention to sue for custody fo the children. So, no, it's not possible to be granted a divorce or custody of the children without the other spouse being notifiied of the intent.
Will you have custody or not?
This depends on the custody arrangements established during the divorce proceedings. If the mother has sole custody or permission from the court to move, she can take her children out of North Carolina. However, if there is a custody agreement in place that restricts relocation without the consent of the other parent, taking the children out of the state without permission may violate the agreement and be considered parental kidnapping.
You can go to court and file for divorce without his permission. Then once its started during the proceedings the custody and financial info will be decided.
If the final divorce decree stipulates joint legal custody, neither parent can take the children out of state without the others permission.
Custody rulings have nothing to do with who files for the divorce first.
If there is no custody order in place then yes. Both parents are natural custodians of their kids and one parent does not need the permission of another to take the children and go anywhere. However do realize that in the event of an impending custody battle, all U.S. states must abide by the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), according to which the state in which the child was staying for the past 6 months continuously (at the time of commencement of divorce and child custody litigation) will be termed as the child's home state. If you leave with the child from his/her home state and your prospective ex decides to file for custody & divorce, you will have to make a u turn and come right back to file your answer with the local court where you were initially domiciled (Unless you can prove that you have established 6 months with the other state). With a court order in place, you may or may not have to take permission of the local courts to move out of state with the kid. It will depend on whats in your divorce/custody decree.
If the father has no legal custody, but is paying child support, he should be at least told. It's his child, too. The parents divorced each other - they did not divorce themselves from the child.
yes you can when you divorce you can do anything you want with your children as long as you have custody of them.