It really depends on what the decree says. Obviously, if she’s leaving the state, 50/50 won’t work if only for school. Mine restricted ex to contiguous counties and only allowed to change school districts with my approval.
You have the right to know where your child is. Get it confirmed in the agreement if needed.
Absolutely consult your attorney and try for full custody. This sounds very concerning.
NAL, friend of mine had an ex that had full custody. She wanted to move out of state with her new husband. Court said no restriction on her moving, she’s an adult and entitled to do so. HOWEVER, AZ retained jurisdiction of the case and the child would be placed in the custody of dad who was not moving out of state.
Get in contact with your attorney, or another one ASAP.
Definitely keep checking with your old attorney but if you don’t hear from them, find a new one ASAP.
I’m not an attorney so I would talk with one before doing anything but if it was me, I would send mom an email or text. (Something you can use to prove you informed her in writing) that since you don’t know where she is planning to move and since she refuses to share any information, you want to remind her that if she is planning on moving out of your current community that she cannot take your child, remove your child from school, or just leave the state/county with the child (or whatever your custody agreement states).
I would be afraid of her just taking the kid and not saying anything or telling you where they are, so I would be taking any steps to remind her that you all have a custody agreement that she has to follow and she does not have the right to leave the city you all currently live in with your child.
But I would also leave it open to discussing a new custody agreement if she is moving too far away to maintain 50/50. If you are looking for full custody anyway, this may help you get it or her agree. She can move, your child can stay, and you can try and come to an agreement about her getting her parenting time on certain weekends, holidays, and/or school breaks, etc.
Typically the other parent is required to inform you of the child’s new address. However, they are allowed to marry or date without your permission, even if you don’t like it. If you suspect neglect or abuse, you can file for a custody modification.
@Luca
If you suspect neglect or abuse, in addition to filing for full custody, you should also report it to Child Protective Services. If abuse or neglect is occurring, CPS may be able to intervene quicker than family court. In my state, court orders through CPS trump family court orders.
Please, just talk to your lawyer for legal advice. Coming here is not productive. Ask your attorney if your state has rules for relocation. If so, use those rules for your advantage.
She must give you an address plus moving to another state will not be good for her custody. Since her personal life is so erratic, you will probably get primary custody with some sort of visitation to her like holidays and summer vacation.
It should be in the decree and parenting plan on what she’s required to do. Normally you are both required to inform each other and the court of any changes to address and other information like phone numbers or even email addresses.
You made the right choice to contact your attorney.
If she’s moving more than an hour or so away, then the custody agreement will need to be modified. And seeing as you have final decision authority, you have the advantage here.
Push hard for a lawyer to pay attention to this.
IANAL, but I’m nearly positive that you are legally entitled to be given all addresses of regular residences of your minor children when they are not in your care.
Not sure about your state, but I’m pretty sure she has to provide that new information to you; if she won’t, then the court will force her to.
File for full custody; she isn’t a stable home for your daughter.
Background check.
I’m sure she probably thinks she can meet you halfway for drop offs or something.
Do you think she will give up custody?
Maybe you can get her to alter the agreement if she’s in NRE limerence.
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But he can have a healthy, resilient adult child if he supports the kid and gets them in with a good therapist.
Excuse me? This is a legal advice sub. Not a woe is me sub. Where’s the mods?