Am I allowed to move my children to another state with a different time zone? 25 Answers as of July 09, 2013

Can a parent take a child to a place and time (up north to a family cottage) without the other parents consent? You must assume the parents are married, in the same house, no custody issues pending. What can the parent who objects do in this situation? The same question applies if one parent wishes to leave a location (with child) can the other parent stop them? Which parent has more rights (mother/father) over the child?

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Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Equal rights. Non-moving party can file disso or legal separation and enlist DA abduction unit in returning the children.
Answer Applies to: California
Replied: 9/12/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Mother and Father have equal rights until a court order is issued saying otherwise. Since you are married, no custody orders, there is nothing to stop you from going up north, but there is also nothing to stop your spouse from coming to get the kids. There is nothing to stop you from taking the kids but there is also nothing to stop your spouse from holding the kids here either.
Answer Applies to: Texas
Replied: 9/6/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You may not move your children to another state without the consent of the other parent. If the parent objects, they may file for custody and obtain orders that the children reside in the state. The parent who remains in the child's county of residence will be given more preference. Custody is not determined on the sex of the parent but which parent makes the child more accessible to the other parent. Therefore the courts would more likely award custody to the parent remaining in the home state.
Answer Applies to: California
Replied: 9/2/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
A divorce action should be commenced and temporary orders should be sought to establish temporary custody arrangements while the divorce is pending.
Answer Applies to: Washington
Replied: 9/2/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Very likely it all depends on what the current court order(s) say about the issue (if anything). If there are no court orders involved, then either parent can do as s/he pleases in either matter.(and the police will decline to become involved if either parent should attempt to involve them in these matters).
Answer Applies to: Virginia
Replied: 9/2/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Parents have equal rights absent court order.
    Answer Applies to: Connecticut
    Replied: 7/9/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If there exists no custody order or parenting time order, then each parent has the same right as the other to do with the child/children as they see fit. In other words, there exists no good answer to your question in the absence of a court order.
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Parents have equal rights to and with the children. Children are not property. They also have the right to have two patents. If you move your children away from the other parent you might as well file for Dissolution because that is where this will end up.
    Answer Applies to: California
    Replied: 9/1/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If there is no Court order regarding custody then a parent can move the children. The objecting parent needs to file a Petition in Court objecting to this situation and asking for custody.
    Answer Applies to: Alabama
    Replied: 9/1/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Within a marriage, neither parent has greater rights than the other. If you do not agree to the removal of the children from the jurisdiction, the only way of preventing this is to file for Divorce and take court action. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 9/1/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Neither parent has more rights than the other in an in-tact marriage with children.
    Answer Applies to: Wisconsin
    Replied: 9/1/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Until and unless some court says otherwise, the parties have precisely equal rights, and either can go anywhere, and do anything (legal) with the children at any time.
    Answer Applies to: Nevada
    Replied: 8/31/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Neither has more rights until a court says so. One can move the children to Topeka one day and the other parent can move them back to Bellingham the next day. You both can play that tug of war game with your children until you realize it isn't good for them.
    Answer Applies to: Washington
    Replied: 8/31/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Without a divorce, neither parent can stop the other and neither has superior rights to the other. However, such unilateral moves will really hurt the person who makes them when there is a divorce.
    Answer Applies to: Georgia
    Replied: 8/31/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    If there is no divorce pending with the court and, as you say, the parties are married, then either parent can take a child, a reasonable distance. If "up north" is reasonable, then you should be able to take the children. According to the law, both parents have equal rights unless there is a court order that states otherwise. Your issues do not sound like they are related to "divorce", but rather, to marital issues. Good luck.
    Answer Applies to: California
    Replied: 8/31/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    As long as there are no present court orders, both parents have full custody and control over the management of the children. A parent may not hide the children from the other parent, or that could be construed as concealing the children, and give the other parent a right to petition the court for return of the children, and a restraining order over the parent who took the children. When the parents do not agree, this is where the court steps in, if requested, and makes orders involving the children, and where they will spend their time. Neither parent has more rights than the other parent. If the court finds that a parent is frustrating the other parents right to see the children, the court may award custody to the parent less likely to frustrate visitation. This is a very complex area of Family Law, and competent legal counsel should be sought before removing children from their usual home. The wrong act can cost custody of the children for the rest of their minor years.
    Answer Applies to: California
    Replied: 8/31/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Until there is a court order to the contrary, married parents have an equal right to have the children in their care. Where a divorce is anticipated, the situation can become an untenable tug of war with the children between parents. Moreover, depriving a parent of contact with their children without good cause can be considered by a court when a custody determination is made. In most cases, the children are better served by mediating a custody and parenting schedule until a court can hear the issue as part of a custody, legal separation or divorce case and issue an order based on what it believes to be in the best interests of the children.
    Answer Applies to: Minnesota
    Replied: 8/31/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The very oversimplified answer to your question is that both parents have equal custodial rights unless and until a court order says otherwise. The parent wishing to leave may leave with the children, and the other parent has the right to go get the children.
    Answer Applies to: Georgia
    Replied: 8/31/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to consult with an attorney. Both parents have equal rights, and if one objects to a child going somewhere, then they have the right to do so. However, unless there is a court order pending or existing prohibiting the travel without consent, then the traveling parent wouldn't be violating any laws, per se. However, blatantly defying the other parent could have adverse impacts in a subsequent custody dispute should a divorce occur. And if you are talking about permanently relocating the children without the other parents consent, then it is possible that a court action can be filed and you be forced to return the children to Florida immediately. And again, this would have severe negative consequences in any subsequent custody dispute should a divorce occur (could cause the other parent to have primary care of the children). As stated, you should consult with an attorney.
    Answer Applies to: Florida
    Replied: 8/31/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Louisiana has a "relocation" statute that requires parents to obtain court permission to move more than 150 miles away or to a different state without court permission. There is no necessity for a pending court action. The burden is on the moving parent to get permission; they may be sanctioned or lose custody otherwise. The parent who objects may file to block a move, or may file after they find out about a move and request the child be brought back. Neither mother nor father have more rights than the other if the parties were married when the child was born.
    Answer Applies to: Louisiana
    Replied: 8/31/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If there is no court order allocating parental responsibilities and decision-making authority, each parent has equal and unspecified rights. The fact that there is apparently a dispute over the situation you describe suggest that there are, in fact, custody issues that sooner or later will need to be resolved in a divorce case.
    Answer Applies to: Colorado
    Replied: 8/31/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Married parents have equal rights to their children.
    Answer Applies to: Arizona
    Replied: 8/31/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    If you are in New Jersey, you can not leave with a small child without either written consent from the other parent or a court order. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 8/31/2011
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