I was just chatting about a custody question, I was directed to another page. I lost that page, may I be directed again?

Expert's Assistant chat
Customer: I was just chatting about a custody question, I was directed to another page. I lost that page, may I be directed again?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family law varies by state. What state are you in?
Customer: Canada
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes is this for Canada as well?
Answered by Legal Ease in 3 mins 2 years ago
imglogo
Legal Ease
10+ years of experience
logo

168440 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Legal Ease
10+ years of experience
logo

168440 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Legal Ease, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

img

Legal Ease, Expert

I do not see another post on your account. Please start over and I will happily help you here.

Customer
My question is regarding custody
Customer
My fiance and his ex-wife have five children together. When they divorced 10 years ago, she took full custody. My fiance has always seen his kids thoug
Customer
h. Three kids are adulds now. But three years ago we took one of the kids full time, she was 16, and the other two visited throughout the month. A year
Customer
with no visitation to her mother, and the younger child, age 12 is with us week on/week off.
Customer
after that (two years ago) we took another child half time. As of today, three are now adults and we have one child, age 16, living with us full time
Customer
We have just recently been informed that the mother is moving quite far away next month, and is taking the 12 year old with her.We spoke with a lawye
Customer
r through the family justice center and he said that even though she has full custody, that has not been the living situation over the last year, and so
Customer
it doesnt matter, the father would have just as much rights seeing as he has had his child half time. But she said her lawyer said she has full custody
Customer
can take him as long as she gives us 40 days written notice?
Customer
Does the father have any rights to stop the move, or at least to visitation?
img

Legal Ease, Expert

I am sorry to hear this.

Here's the confusion. She can remove the child from the jurisdiction if she gives your fiancé proper notice and he doesn't do anything.

But, of course he will do something but he has to protest. She has to get the consent of the court when he refuses to allow her to go. If she is not asking then he has to bring the application to the court right away to stop her.

Although the courts are not functioning fully they are dealing with urgent matters and the threat of a parental abduction is clearly an urgent matter. If your spouse believes she is going to takeoff with the child then he should contact the court now and explain that there is going to be a parental abduction very soon and that he needs to speak to a judge on an urgent basis.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Thank you so much for your reply. Just to be clear, even though she has full custody, because of the current situation, he still has a right to stop i
Customer
t? And when you say he has to protest, do you mean even if he verbally tells her he is not ok with it then she has to get consent from the court? Or b
Customer
y him protesting it, does that mean he has to get an application from the courts?She sent him a text message saying she was moving in the summer but t
Customer
oday has just said it will be next month. Is her text message considered as her 30 days written notice? Or does proper notice need to be by mail?
Customer
She also notified him by email
img

Legal Ease, Expert

The right to feel the child has nothing to do with the right for sole custody. The court has to allow the mother to move the child if the father doesn't consent.

Customer
Sorry, not sure if there was typo there... the court has to allow the mother to move the child, even if the father doesnt consent?
img

Legal Ease, Expert

It's not a typo it's just poor grammar on my part.

Her having sole custody even if your fiancé barely saw the child would still not give her the right to move the child without the consent of the court if your fiancé doesn't consent.

Customer
Oh I see. Okay, thank you, ***** *****!
img

Legal Ease, Expert

Anytime.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer