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Submitted 17 days ago...

nmg

nmg

New User (3)

Loss of rights

My son went to court in june he and his x have joint custody after this she filled papers in pa and now lives in del we are in nc she talked to him today she told him to keep from going to court in jan he could sign over custody to her until he gets his life together and she would let him see her 2 weeks at a time if he was to do this is that like giving up his rights as a father

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Answer 1 / 3 - Submitted 16 days ago...

tomturkey

tomturkey

Brain (6,477)

No it is not giving up his rights, but he does not want to do this, for several reasons, they cannot legally agree to anything outside of the orignal custody order, it would not be legal, if they agreed to this and filed it with the court then the judge could modifly the orignal order. Also if he agrees to give the mother custody he lose's alot more cause he then will not have any say in decition making of the child, in some states he loses his right to be able to stop the mother from relocating out of state, although they are not residing in the same state now. and I can guaratee the mother will not stipulate in any custody order allowing the father to have the child two weeks at a time, the mother knows that if the father consents to give her custody then he lose's alot of his rights. But like I stated if they do not file this with the court it is not legal and binding anyways, my advice tell him to go to court, if the mother says he needs to get his life together, what hse means is your life is not together and I want custody, making false promises to get the father to sign giving her custody is crazy. He has rights and tell him to tell her tht he would consider giving her custody though the court only with a stipulation that he can get the child every two weeks for two weeks and see what she says then.

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Answer 2 / 3 - Submitted 15 days ago...

mariaisme85

mariaisme85

Beginner (41)

If you have visitation rights, she cannot move without court permission. You can file a petition in your state family court seeking to prevent the move. sHe has to show that the move would be in the best interest of the children and that you would have access that will continue your relationship. An email from the new wife stating you will be denied access is important and could be of great help to your case in preventing the move.

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Answer 3 / 3 - Submitted 15 days ago...

tomturkey

tomturkey

Brain (6,477)

Where is the father, if he does not reside in the state where the joint custody was ordered and he also moved out of state, then the mother can also move out of state. If thefather did not move then he could file for custody, because she relocated without his consent, but that also depends on if they got jonit custody in a state that requires the consent of the non-custodial parent and the court. If the mother was able to file in PA then the state thejoint custody was in must not have juristriction, by the way what state did they get the joint custody though. If the mother is taking the non-cstodial parent to court in PA, what for? She already has joint custody, she can't think the court is going to allow her sole custody does she?

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Loss of rights

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