Skip to main content

How can a father voluntarily transfer full custody across states?

Richard
Richard

76,546 satisfied customers

View context
Solved

Since you're already reaching out to legal services and the court, you're on the right track. In terms of documents, you might want to consider drafting a temporary custody agreement that both you and the father can sign. This can serve as a preliminary step to show intent and agreement between both parties. Once signed, it can be used to support your case when you submit the official paperwork to the court. Keep in mind, though, that having a legal professional review any documents before signing is always a good idea to ensure everything is covered.

The documents you mentioned seem to cover important aspects of the custody transfer process:

  1. Temporary Delegation of Parental Authority: This allows the father to delegate his parental rights to you temporarily, which can be useful for immediate needs.
  2. Voluntary Transfer of Physical Custody: This document is crucial as it shows the father's consent to transfer physical custody to you.
  3. Consent to Jurisdiction: This is important if you're moving the case to a different state, as it shows agreement on which court has jurisdiction.

These documents should help facilitate the process, but it's always a good idea to have them reviewed by a legal professional to ensure they meet all legal requirements.

0

Full Conversation


My son resides in Florida with his father. I reside in New Hampshire. Father is trying to sign over all legal and physical custody to me. I want the right paperwork before I go and get our son. The last court order for our son was in Pennsylvania in 2021. Help me get the right paperwork so his dad can make this transition quick and then we can submit it to the court here in New Hampshire please.

Lexi

Lexi, Chatbot

I understand that navigating custody arrangements can be challenging. Have you and the father already discussed the specific terms of the custody transfer?

Yes. Father is looking to terminate all rights and responsibilities of the minor child.

Lexi

Lexi, Chatbot

Is there a particular timeline you are hoping to follow for this transition?

As soon as possible.

Richard

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're dealing with a situation where the father of your son, who resides in Florida, is trying to sign over all legal and physical custody to you, and you want to ensure you have the right paperwork for this transition. Just a note - this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

Thank you.

Richard

Richard

Let's start by understanding the current legal situation. Since the last court order was in Pennsylvania, you'll need to address the custody transfer there first. Have you already contacted the court in Pennsylvania to understand their requirements for transferring custody to New Hampshire?

No. When they signed the order, they gave legal and physical custody to dad, aware that he resides in Florida. No one has lived in Pennsylvania in the last 6 months, but in that case wouldn’t that put the jurisdiction in Florida?

Richard

Richard

You're right in considering jurisdiction. Generally, jurisdiction for custody matters is based on the child's "home state," which is typically where the child has lived for the last six months. Since your son has been living in Florida, it is likely that Florida would have jurisdiction over the custody case now. However, because the original order was from Pennsylvania, you might need to address the change there first, or at least confirm that Florida is now the appropriate jurisdiction. It might be helpful to consult with a family law attorney in Florida to ensure you're following the correct process. If you have any follow up questions, please let me know.

Sorry, I called Pennsylvania and they can no longer find the court order. It was from 2021, so I’m unsure as to why they wouldn’t be able to find it.

Richard

Richard

It can be frustrating when records aren't easily accessible. Sometimes, court records might be archived or misplaced, especially if they haven't been accessed in a while. Let's try a couple of things: First, double-check with the court clerk's office to ensure they have searched under all possible names and case numbers. Sometimes, a small detail can make a difference. If that doesn't work, you might want to request a formal search or ask if there are any archived records that might not be immediately accessible. Let me know how it goes or if you need more help with this!

My concern is because dad wants to get this process “over and done with,” as he put it, I want to make this process smooth and am looking for a bypass right now—meaning documents he can sign now, I can go get the child, and then we can submit the paperwork into the court after. I understand there is time for this, but I want to move quickly. I just don’t want to go get the child and have it be considered parental interference.

I am going to call North Penn Legal Services to see what they can offer me. New Hampshire sent me the family court documentation already. I am also on the phone with Lee County to see if they can give me better insight. I plan to call my company as well to see what direction they can guide me in for an attorney. I just do not want to go into this blind or miss a step.

The three that were sent to me were: temporary delegation of parental authority, voluntary transfer of physical custody, and consent to jurisdiction. Do all of those sound like they cover most of the steps in this case?

Richard

Richard

It sounds like you're taking all the right steps to ensure everything is in order.

Richard

Richard

Since you're already reaching out to legal services and the court, you're on the right track. In terms of documents, you might want to consider drafting a temporary custody agreement that both you and the father can sign. This can serve as a preliminary step to show intent and agreement between both parties. Once signed, it can be used to support your case when you submit the official paperwork to the court. Keep in mind, though, that having a legal professional review any documents before signing is always a good idea to ensure everything is covered.

The documents you mentioned seem to cover important aspects of the custody transfer process:

  1. Temporary Delegation of Parental Authority: This allows the father to delegate his parental rights to you temporarily, which can be useful for immediate needs.
  2. Voluntary Transfer of Physical Custody: This document is crucial as it shows the father's consent to transfer physical custody to you.
  3. Consent to Jurisdiction: This is important if you're moving the case to a different state, as it shows agreement on which court has jurisdiction.

These documents should help facilitate the process, but it's always a good idea to have them reviewed by a legal professional to ensure they meet all legal requirements.

Richard

Richard

Let me know if you have any more questions or need further assistance!

That should be everything for right now then. I am still going to find legal representation but am trying to make sure I have everything ready to go.

Richard

Richard

It sounds like you have a solid plan moving forward. If you run into any issues or have more questions as you proceed, feel free to come back and chat with us. We're here to help. Good luck with everything, and take care!

Thank you, you as well.

Richard

Richard

No problem.

Richard

Richard

76,546 satisfied customers

Richard
Welcome! Have a similar question?

12 lawyers online now

0:00

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Queeneth E. Esq
Queeneth E. Esq

Commercial Contracts Attorney

4.61 (5,738)

[IL] How do I file a petition to modify custody after a divorce agreement?

12

4

Answered 15 hours ago

Disclaimer


By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.

Ask a Lawyer Logo
Ask a Lawyer Logo
Intake Questions
Step  of 3
Loading...

Lexi, Chatbot

How would you like your legal question to be answered?

Online

Legal AI

Using ChatGPT 4o

Loading...

How do you like to pay?

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

After connecting, your chat will begin with an attorney.

After choosing, your chat will continue with Legal AI.

It looks like you already have an account with Ask a Lawyer.

We have sent you a magic link to . Click the link in your email to sign in and continue your chat.

spin

Step of 6 •

You'll receive an email at as soon as the lawyer joins the conversation 🙏🏻😊

Over 90% of lawyers connect within 5 minutes. If you're not online at that moment, don't worry — the lawyer will reply to your message while you're away.

You're also welcome to stay in the chat while waiting to be connected 💬✨

Waiting for lawyer

0:00