Legal Question in Family Law in Mississippi
laws governing moving child out of state away from other parent
The parents have joint custody. Mother has physical custody. Father has weekly visitation. mother leaves with child to another state without notifying father. Files 806 with court but not until after the fact. What are the rules or laws governing--name removed--out of state move with child and taking visitation away. What are laws dealing with hiding of children?
2 Answers from Attorneys
Re: laws governing moving child out of state away from other parent
The U.S. Constitution allows us to move freely about the country. Although it may be inconsiderate to move and not tell no one, if it was not in the divorce decree prohibiting this action, then the action is legal. The move only complicated visitation. It did not alter it in any way. Custodial parent still has to let visiting parent have visiting parent's time with the child.
Also, you may want to file a motion to modify custody due to a change in the custodial parent's home (ie. new home).
Re: laws governing moving child out of state away from other parent
In addition to Mr. Padgett's reply, I would add that technically the mother has denied the father visitation. Therefore, a motion to have her found in contempt of court is available. It depends on the totality of the circumstances whether pursuing the motion is the best course of action.
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