Can a Parent With Sole Custody Force a Child to Live With the Other Parent?

Full question:

Can a father with full custody legally force his 17 year old daughter to move into her mother's home in Missouri without change of custody?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Pennsylvania

Answer:

One parent may have legal sole custody rights but share physical custody with the other parent by ways of a child visitation arrangement. Full custody is both legal and physical custody by one parent. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare.

Parents can't change a court order by oral agreement. It is possible for parents to jointly agree to a change of custody and file a joint petition for modification with the court. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not typically modifiable by the court. It is final. Child support or custody may be modified if there is a significant change of circumstances.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Missouri, if a custodial parent wishes to relocate with a child, they must provide written notice to the non-custodial parent at least 60 days before the move. The non-custodial parent can object to the move, and if they do, the custodial parent may need to seek court approval. The court will consider the best interests of the child, including the child's relationship with both parents and the reasons for the move.