Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

hello! my ex husband and I have joint custody with my ex-husband

Customer Question
having residential custody of our...
hello! my ex husband and I have joint custody with my ex-husband having residential custody of our daughter He kicked her out and she is staying with a ex family member who has no legal rights of her. my question is do we both have to give consent for our daughter to withdraw, and go to another school district
Submitted: 4 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
8/2/2013
Family Lawyer: Lucy, Esq., Lawyer replied 4 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,587
Experience: Attorney with experience in family law.
Verified
Hi,

My name is Lucy and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

What state do you live in? What does that paperwork say about legal custody (as opposed to physical custody)?
Ask Your Own Family Law Question
Customer reply replied 4 years ago

We live in Illinois. we have a joint custody agreement.he has residential custody.


 

Customer reply replied 4 years ago

we both have an obligation to make decisions together. does this help or is there a trick to the question


 

Family Lawyer: Lucy, Esq., Lawyer replied 4 years ago
No, it's not a trick question. Sometimes one parent gets decision-making authority over the other, which can make a difference.

First, you have the ability to go back to the court and seek a Modification, stating that you would like to change the custody order, since your ex-husband has removed the child from his home. As part of that, you can ask the judge to give you the power to remove her from school and enroll her in the district near where you live. The fact that she's not currently living with her father will hurt him if he opposes the request. If you're paying support, that would also end it, and you may be able to get support from him, due to the change in circumstances.

You may also be able to negotiate with the father to simply agree to the change in custody (in writing). If you're willing to negotiate child support, that may help - especially if he is aware that a judge may order him to pay you 20% of his income if you go back to court. As part of that agreement, he could sign something giving you sole decision-making authority.

Otherwise, if you're supposed to make decisions together, neither of you can unilaterally make changes to where she is attending school. It would be necessary to go back to court to show why the change is in your daughter's best interests if the two of you cannot agree. The fact that he has residential custody doesn't make a difference, because that's not the same as legal custody. Legal custody is the power to make important decisions, such as those regarding education, religion and health care.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

we have a hearing on the 20th of aug. I did file a motion to modify custody already. he then slapped me with motion for child support which was on reserve. but I was still paying half of everythg he is just looking for more. regardless you are saying that we both must sign?


 

Family Lawyer: Lucy, Esq., Lawyer replied 4 years ago
Unless or until the judge gives one of you the power to make that decision on your own, you would have to agree. Otherwise, the person that signs without the other parent's consent risks getting slapped with Contempt of Court.
Ask Your Own Family Law Question
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,587
30,587 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have Sole Legal and Physical Custody of my two minor
I have Sole Legal and Physical Custody of my two minor children. Can their dad give verbal consent for another person to speak to someone at their Dr's office regarding their medical file? Can he chan… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
I have a closed parentage plan of joint custody for my
Hello! I have a closed parentage plan of joint custody for my daughter. It has been closed one year. However i am needing to file for full custody due to circumstances that I feel she is unsafe with h… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
I have a joint custody visitation agreement that took effect
I have a joint custody visitation agreement that took effect on 11/01/2017. I am the custodial parent and the other parent gave the court an address that is in Sacramento ,CA. He was suppose to move b… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,397 satisfied customers
I live in Pa. I have primary physical custody of my son for
I live in Pa. I have primary physical custody of my son for 10 years since divorce, he'll be 15yrs old next month. I am looking to relocate to England in the beginning of the 2018. His father will not… read more
lawyerJ
lawyerJ
Juris Doctorate
125 satisfied customers
If the parties have joint custody one having physical
if the parties have joint custody one having physical custody, but both have 50/50 on visitation , and one is treating to take the other to count to take away only seeing he son every other weekend , … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,397 satisfied customers
I currently have sole legal and physical custody of my 6
Hi, I currently have sole legal and physical custody of my 6 year old daughter and my ex has just filed for joint custody. He w … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
412 satisfied customers
I was paying child support for 2 of my children, and the
I was paying child support for 2 of my children, and the mother and I got back together and lived together for a year before deciding that it wouldn't work. She took me off of child support as I was t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
How can the mother change joint custody to full custody? In
How can the mother change joint custody to full custody? In 2014 father and mother were incercarated, she got out in 2015 and the father doesn't get out until 2020. They weren't married but agreed on … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
FOR: If I have 95% physical custody and our sons father
FOR JAMES:If I have 95% physical custody and our sons father lives 2000 miles away, is there any way I can get full legal custody?… read more
socrateaser
socrateaser
1,031 satisfied customers
I'm divorced with joint custody and rights to medical
I'm divorced with joint custody and rights to medical information. they live in another state. My ex sent our 6year old daughter to see a counselor regarding her behavior.. i would like to speak to th… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
Currently I have a temp joint custody Agreement wth my
Currently I have a temp joint custody Agreement wth my daughter father and the judge grant me dominate parent . He then filled for joint and him as dominate parent . He has been in and out her life mo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
I have sole legal and physical custody.... visitations are
i have sole legal and physical custody.... visitations are supposed to be agreed upon both parties. however, due to my childrens hostile behavior I told him to meet the children supervised at a park o… read more
Sue
Sue
Juris Doctorate
184 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
Can Georgia state child support withhold child support from
Can Georgia state child support withhold child support from a parent for any reason? This is regarding the father's tax return money....my daughter says they're holding it. They also will not tell her… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
My wife has had most physical custody of our child for the
My wife has had most physical custody of our child for the last 2 years because my previous employment had me traveling to various states. However, I currently have a new job that will allow me to spe… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
Ive had physical custody of my kids for ten years. not a
Ive had physical custody of my kids for ten years. not a cent from their mom. I'm broke what do I do? … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
We share joint custody of 2 granddaughters with the other
We share joint custody of 2 granddaughters with the other grandparents since Aug. 2011. Our son passed away March 2013. The mother has been in at least 12 to 13 rehabs since 2002, the last being in 20… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
If that is a petition for modification of joint custody
If that is a petition for modification of joint custody pending in the court can I still try to exercise my visitation until the matter is not resolved… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer 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 to propose specific action or address 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 must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential 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 (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer 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 to propose specific action or address 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 must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential 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 (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x