What can I file to bring my kid out of state? I have full physical custody, but need sperm donors permission… and I know that will never happen. He won’t even let her be in cheerleading or go to therapy, so birthday fun one state away is not even an option. What/who to file with? I do not have a lawyer to represent or guide me.
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Normally legal custody is just with big things, like education/health issues. Unless you are moving… you should be able to take your kids anywhere as well as sign up for sports/activities. Therapy I believe would be considered health.
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Normally a consultation with a lawyer is free .
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If you have full physical custody unless it’s his time you can do anything you want and she can do cheerleading and therapy. He can’t control any of that
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You can probably find a paralegal to help you complete and file all of the documents you might need. Also, you can check with the court to see if they have a self-help department. The self-help department can, also, help you figure out your paperwork and make sure you complete them correctly.
You need his permission for her to go to therapy?!? This is absurd.
You need a consult with a lawyer or talk to the courthouse see if they have a question group or something.
Is it actually written into your custody order that you need his consent to leave the state, sign up to participate in sports, or seek medical/mental health? That seems a bit extreme. Especially if you’re the one with full physical custody.
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You need to file for primary custody of the child if he is paying child support regularly you do have to have his signature to take her out of state to live. But not to visit. As long as your back for his visits. You do not have to have his ok about enrollment into sports. If she needs medical help if your the custodian you do not need him for that. If he’s not paying child support and insurance then I would definitely file for that. But you need first of all the primary custody. Do not agree to let him have equal custody. That’s where the problems start.
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He can’t control what she does. So he’s declining health services to his kid? Such a therapy…Id be taking his ass to court and he’d never see his kid.
You don’t have to file anything just go, does he pay child support, do you have visitation set by the court. Unless your moving out of state and he has court ordered visitation you can just go. Who told you that you needed his permission, they’re an idiot. You sound immature, you can put her in any sport you want.
Find an attorney or legal aide. Not letting her do therapy seems like abuse/neglect if she needs it and the rest is just him being controlling. An attorney can help you end that situation quick.
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You need to check with an attorney in your state
She do a traveling activity or go to counseling? That’s a load of BS on his part. He is absolutely abusing his decision making power
Im going out on a limb here, you said you have full physical custody, that just determines where kiddo lives primarily. Given you said you have to run every choice past him, I’m guessing you have joint legal, in which case; listening to these comments telling you to just go will get you in legal trouble. I would start by: Mentioning it to him, even asking outright. If he refuses, take it to court. The fact that he refuses her therapy is a serious problem, and you really should be taking THAT decision back to court more so than taking kiddo out of state. He’s interfering with her mental health.
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Regarding therapy as full custodial parent YOU have the say in all medical treatments & it should be listed in your custody agreement! That’s straight up neglect if she needs it.
You are essentially seeking legal advice from a group of people who are not qualified to provide it. I’m not saying that you were soliciting advice on whether or not to take your daughter out of state because clearly your question was about who/where to file for permission. None of us know the laws in your jurisdiction (nor do we know your jurisdiction). None of us know what your custody agreement looks like or who issued it.
The laws vary greatly from location to location and the details of your custody agreement would be specific to your case. So all of the advice around legal vs physical custody and what you are allowed and not allowed to do is pointless. I have no idea how old your daughter is but it does seem like it would be in your best interest to get a custody agreement or amend your existing agreement so it’s in your DAUGHTER’S best interest. I personally know non-custodial parents who make “rules” that are interpreted by them to assert control and use fear to enforce them. If you take the initiative and have an enforceable agreement in place that allows your daughter to be a kid (cheerleading, traveling, therapy) you will be much better off and so will your daughter.
I know that lawyers are expensive and I don’t know your circumstances but if you have legal aid available, I would start there. If not, there ARE lawyers out there who are willing to do this type of pro bono work or at least work out a reasonable payment plan. It’s an investment in your daughter’s childhood. That way you will be working with your specific circumstances in the proper jurisdiction
I’m confused by this post. Sole physical custody? I never heard that term but if she lives solely with you then why are you even asking for his permission? He’ll never know she went on vacation out of state.
Or do you mean primary physical custody? What’s your legal custody? If you have sole legal custody you make all the decisions. If you have joint legal then although she lives with you most of the time he has a legal say in decisions. Look at your custody agreement. Does it say you need his permission? If so then ask him in writing. If he says no petition the court for sole legal so you can make choices. Site that he’s being medically neglectful by refusing to allow her to receive counseling. Take proof that he’s refusing & letters from her ped, teacher, etc recommending counseling. (I’m aware school employees aren’t always allowed to write letters. But if a social worker or someone recommends it ask them to send you an email in reference to their recommendation). You’ll win that case. I recommend you get a lawyer. Some areas have free lawyer programs.
You might want to have better communication …. A start would be to not call her Dad a sperm donor.
Not knowing the state you live in is difficult but you can check on the state bar association’s directory website for family lawyers that do pro bono work. You may also contact the entity that you go through for custody issues for help obtaining an attorney for free if you cannot afford to pay for one. This is a matter for an attorney who knows the laws… not people on Facebook who have no idea. You may listen to someone who doesn’t know what they’re talking about and find yourself violating custody orders. In any case, I would have been contacting someone the minute my child’s father denied them the ability to seek therapy. Good luck!