Can the non custodial parent control where the other parent lives with the child? 31 Answers as of July 08, 2013

Can the non custodial parent control where the other parent lives with the child?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No. However, if the custodial parent has moved far away with the child (more than about 50 miles, or to another state), the non-custodial parent can file an Order to Show Cause to modify child custody, and if that parent can prove detriment to the child resulting from (or that might result from) the move-away, the non-custodial parent may be able to get orders either modifying child custody or providing that custody will change if the custodial parent moves away.
Answer Applies to: California
Replied: 1/9/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
No, not in a direct sense. You can ask the court and may get a geographic restriction on the residence of the child - a limitation on where the child can move to which has an indirect limitation on the other parent's residence.
Answer Applies to: Texas
Replied: 1/9/2012
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
No, not unless you are trying to move out of state and the court order does not allow you to do so. It all depends on how you have custody as well (i.e. joint custody, sole custody).
Answer Applies to: Illinois
Replied: 1/9/2012
Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
The answer to your question is no. The custodial/residential parent has the right to live where he or she chooses. However, the non-custodial/non-residential parent can seek to change the residential and/or custodial arrangement of the child if the custodial/residential parent's living arrangements are detrimental to the child and not in the best interests of the child.
Answer Applies to: Illinois
Replied: 1/9/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Generally speaking, no. The custodial parent usually can move to another state with the child, for that matter. If you think the child's living situation is a potential danger to his or her health or emotional well-being, you can file a petition to change or modify custody and visitation.
Answer Applies to: Georgia
Replied: 1/9/2012
    The Law Offices of Diane M Sternlieb | Diane Sternlieb
    No. Each parent can ensure the other patent is providing a safe home but telling the other parent where they can live is not likely to be successful in states like Georgia as there is a constitutional right to travel and reside where you like. Moving far away from the other parent is grounds for modifying custody.
    Answer Applies to: Georgia
    Replied: 1/9/2012
    Law Offices of Jayson A. Soobitsky, P.A. | Jayson A. Soobitsky
    It depends on what the custody agreement or Order says. Without a specific clause in the agreement or Order dealing with the issue a non custodial parent usually can not control where the child lives. The non-custodial parent can ask the court to control where the child lives. Any attempts by a custodial parent to move the child out of the area/state is considered a sustantial change in circumstances giving the court the right to modify the existing custody arrangement.
    Answer Applies to: Maryland
    Replied: 1/9/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    Not directly, but the court can. In Texas, geographical restrictions are in most decrees. That is because it is generally in a child's best interests to have frequent contact with each parent. Check your decree. But even if there is not a geographical restriction, the other parent may sue to keep the child where he lives now. If the other parent does not live within the restricted area, however, you are generally free to move.
    Answer Applies to: Texas
    Replied: 1/9/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You cannot remove the child from the state of New Jersey without the express permission of the non-custodial parent or a court order. If you want to move to the next town, you may be able to do that. Whatever you do, it can not interfere with the non-custodial parent's right to parenting time.
    Answer Applies to: New Jersey
    Replied: 1/9/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    The best answer I can give yo is 'Maybe'. Certainly the non-custodial parent has no say where the custodial parent lives within the county of the jurisdiction of the court that granted the custody order. In any move, the custodial parent must notify the court of intent to move thirty days before moving. If the custodial parent wants to move to another county or state or even country, the non-custodial parent can object. The court will hold a hearing to determine what is in the best interest of the child. Please see a domestic relations attorney who can deal with all of the facts in this case to get a better answer.
    Answer Applies to: Ohio
    Replied: 1/8/2012
    Peyton and Associates | Barbara Peyton
    Not without some kind of very compelling reason.
    Answer Applies to: California
    Replied: 7/2/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    I would say no. However, this is a very broad question. If the court has already made orders, the non custodial parent can ask that the child not move without notice to them or by a court order. So, while the non custodial parent cannot outright control this issue there can be limits and guidelines set by the court regarding the primary parents ability to move the minor child.
    Answer Applies to: California
    Replied: 1/8/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    This is a very broad question without any details, but the answer is no, neither parent can control where the other lives.
    Answer Applies to: Georgia
    Replied: 1/8/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    No.
    Answer Applies to: Alabama
    Replied: 6/2/2013
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    No an individual haw a constitutional right to live anywhere. If the person takes a child out of the school district in whcih he/she resides when there is an existing court odrer ( i.e. Parenting plan or custody order) , then the moving party must comply with the relocation statute prior to moving. However, if there is no court order in place, a parent may move anywhere he /she wants and the only way to stop the move is by filing the proper petition to restrain the move with the child.
    Answer Applies to: Washington
    Replied: 1/8/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The simple answer is, No. But, a court dealing with parenting plan arrangements can and will control where the child lives. If there is a current court order in effect, that order should provide an answer as to how much discretion the custodial parent has in relocating the child. If it doesn't, the parent objecting to relocation will probably need to ask the court to prevent the move and it will be up to the court to decide what is in the child's best interest. If there is no court order, your distinction between "custodial" and "noncustodial" is probably meaningless and of no legal effect.
    Answer Applies to: Colorado
    Replied: 1/8/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The answer to this question can only be found by looking at your current order to ascertain if there are limitations to where the child can reside. If your question concerns a significant geographical move to another region, the court may prohibit the child's move if it interferes with the child's ability to spend quality time with the noncustodial parent. I urge you to consult with a skilled family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 1/8/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    The non custodial parent can dispute a move that's 100 miles from the court that entered the divorce judgment, otherwise, no.
    Answer Applies to: Michigan
    Replied: 1/8/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    That is not within the custodial parent' control if there are no restrictions include in the Court order relating to custody and parenting time. However, if the location endangers the child, the other parent may certainly file a Motion to modify the parenting time.
    Answer Applies to: Minnesota
    Replied: 1/8/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    Depends on whether you are referring to the actual home/structure or the location (city/state). There are specific provisions regarding removal of a child from their "home state".
    Answer Applies to: Missouri
    Replied: 1/8/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Under Washington state law, if the custodial parent seeks to move the residence of the child outside of the child's current school district (that is simply the geographic boundary used in the statue) then the moving parent must give formal written notice to the other parent. The non-moving parent has an opportunity to object to the move - IF the distance to the new home or other factors would make the logistics of the existing Parenting Plan infeasible. Otherwise - the non-moving parent cannot dictate where (or with whom) the former spouse resides.
    Answer Applies to: Washington
    Replied: 1/8/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Your question is a bit vague; if this is an issue of whether the "custodial" parent may relocate with the child, then the non-custodial parent may have some say in the situation. If this is an issue of the specific home the custodial parent lives in (e.g. roommates, bedrooms/sleeping situation/etc.), then the noncustodial parent doesn't control the custodial parent's decisions; however, the custodial parent still needs to make decisions in the child's best interests.
    Answer Applies to: Arizona
    Replied: 1/8/2012
    Brubaker
    Brubaker | Melanie
    As adults, we are free to live wherever we so desire however; the test for where a minor child resides and with whom is "what is in the best interest of the child?". If the custodial parent is planning to move, it MAY be a reason to modify the custody provisions but it is fact specific based and handled case-by-case.
    Answer Applies to: Georgia
    Replied: 1/8/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    No.
    Answer Applies to: Georgia
    Replied: 6/2/2013
    Law Offices of Frances Headley | Frances Headley
    What input you may be able to have as to the residence of the custodial parent is governed by your custody orders. You should consult a family law attorney to determine what if anything you may do.
    Answer Applies to: California
    Replied: 1/8/2012
    Law Office of William L Spern | William Spern
    No. Only the court can on a petition to moved out of the state. If the move would be hazardous, injurious or not in the best interest of the child, the court court restrict the child moving with the custodial parent.
    Answer Applies to: Michigan
    Replied: 1/8/2012
    Haskell Law Firm | Lori Haskell
    Control in what way?
    Answer Applies to: Michigan
    Replied: 7/8/2013
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Of course not. But where you live may influence whether you remain the primary caretaker in Washington and if you relocate there are notice requirements.
    Answer Applies to: Washington
    Replied: 1/8/2012
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