You need a custody agreement in connection with your divorce, separation or other legal proceeding involving children. A non-governmental custody agreement applies to parents living in separated states. Whether the parents are married or not, if they separate, one of the most important aspects of their separation will be how they handle custody. A viable custody agreement involving both parents is essential. The solution of childcare in a calm, productive and collaborative way is something that is uniquely suited to mediation to achieve this, while stress is reduced for children who may lack the presence of a parent or who are deeply affected by their absence. Question: In our divorce contract 3 years ago, my ex was allowed to visit every other weekend. We still saw each other halfway until he moved to another state nine months later. At that time, we decided that he would see our son in his parents` house in NH for a few weeks every summer and during the school holidays. He recently moved to NH and is now threatening to take me to court for non-compliance with the original court order. We both kept our agreement for almost three years, and now he is trying to put me in trouble when he agreed. Will I go to court and try to change the order? Brette`s response: Since you have not tendered for the visit, you can do whatever you both agree.
If he does not agree, he may submit a request for amendment. I agree with your concerns, but you must remember that in children of this age, the number of visits is also important. They need a father they see regularly. I think you`re right not to take him to his location and I agree that if he wants to see them, he has to have a plan that could include a night in a hotel or, at the very least, something planned and organized. “Back to the top of the page Moving cases can be difficult to explain when a parent tries to move the children`s main home out of state. For example, when a parent wants to move from Massachusetts to California with the children, there is often little “middle ground” for compromises. However, if only one parent leaves the state – that is, the child remains in Massachusetts – mediation is well placed to reorganize the education plan after the parent moves. It is very likely that a parent wishing to move to another state with a child or child must obtain permission from the court that issued the original custody order.
If two parents have a joint custody agreement and one parent wishes to withdraw from the state without bringing the child, primary custody probably goes to the parent who remains in the first state. Can I prevent a visit outside the state if he has been absent for 8 years? Custody is composed of both legal and physical guardianship. Custody is the right to make decisions about a child. Physical custody is the responsibility of the custody and care of a child in the physical presence of the parents. While parents can maintain shared custody when a parent leaves the state, it can be difficult or impossible to maintain joint physical custody if a parent wishes to move away. . . .