Can I move my child out of state , if I have sole custody? 28 Answers as of August 26, 2011

I have sole custody of my child, and I would like to move out of state and live with my boyfriend. He owns a house in a different state, and can provide a more stable environment.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You have to look at your custody papers. Do the papers contain a geographical restriction on the child or not. This is the deciding factor. But also keep in mind - you have to read all the order, it may not have a geographic restriction but it may contain a notice provision that makes you tell the child's father before you move and he may then ask the court for a geographical restriction on the child.
Answer Applies to: Texas
Replied: 8/26/2011
Lewis, Pfanstiel & Williams, PCLO
Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
You have to get permission from the court if the father has visitation rights.
Answer Applies to: Nebraska
Replied: 8/24/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
You will need to review the removal section of chapter 767 and compare that to your custody/placement orders. It is not just custody, but placement rights as well. You may need to follow certain steps before moving.
Answer Applies to: Wisconsin
Replied: 8/24/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Much more information would need to be known, such as has the biological father been established legally through either a paternity action or a child support action? If so, then no, you cannot just move without his permission and consent. You should consult with an attorney before doing anything.
Answer Applies to: Florida
Replied: 8/24/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
If you received custody in a divorce in Alabama and have a Parent Child Relocation Clause in your documents then you must contact the other parent and the Court before removing the child from the State of Alabama.
Answer Applies to: Alabama
Replied: 8/24/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You will need to file and serve a notice of intended relocation and new parenting plan (see section 3.14 of your parenting plan RCW 26.09.430-.480).
    Answer Applies to: Washington
    Replied: 8/24/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Were you ever married to the child's father? Is there any sort of custody order or parenting plan in place? If so, you will probably have to go through the Washington Relocation Act before you can move with your child. There should be a short summary of the act in your parenting plan.
    Answer Applies to: Washington
    Replied: 8/24/2011
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    The short of the answer to your question is NO. You will need to obtain written permission to relocate with the child out of state even if you have sole legal and primary physical custody. If you relocate without this, then this is a factor for a change in custody. In the event you do not receive written permission then you will have to move forward in court with a Motion to Relocate outside of Nevada with the minor child. Sometimes relocation cases can be tricky so I would suggest meeting with counsel to make sure this is done appropriately.
    Answer Applies to: Nevada
    Replied: 8/24/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    If your custody order is governed by California law, then (in most cases) in order to move out of state you must either have Dad's consent or obtain an order from the court. The process is called a "move-away" hearing. Sole custody is a large factor in the determination, but it is not dispositive. Really think about whether moving away from Dad is the best idea for your child. I understand that your boyfriend owns a home out of state, but is there a reason boyfriend wouldn't move to you? Especially if he is the childless one? Houses can be replaced, but your child's understanding that he or she is loved by Dad is something far harder to recover.
    Answer Applies to: California
    Replied: 8/24/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Are there any court orders for paternity, custody and/ or parenting time? If so, you need to get court approval to move the child out of state
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, if there are no valid court order which say otherwise (including 30 day notification of any moves on your part to the father and the court).
    Answer Applies to: Virginia
    Replied: 8/24/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    This answer depends on whether you have sole custody via agreement, Court Order or whether the father just allows you have to have sole custody absent these first two arrangements.
    Answer Applies to: North Carolina
    Replied: 8/24/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    In Georgia, if a divorced parent with primary physical custody of a minor child wishes to move out of state, they must first notify the other parent of the intended move in accordance with their Parenting Plan or Final Divorce Decree. The non-moving parent has an objection, their only recourse is to file for a modification of custody to ask for the minor child to remain here with the non-moving parent.
    Answer Applies to: Georgia
    Replied: 8/24/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Review your order, most of them indicate that if you move out of state or more than 150 miles away you must notify the court and your ex. The ex can then object to the move.
    Answer Applies to: Wisconsin
    Replied: 8/24/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    If there has been court action which established your sole custody, you are still subject to the Florida Relocation Statute and must follow it. If he has not had contact with the child/children, this should not a problem. 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: 8/24/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Sure. File your OSC and request the move.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You should take your custody papers to a family law attorney. If your move would interfere with the other parent's visitation rights, it is likely that you would need the permission of the court prior to being allowed to move.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It depends upon what your order says, but you will likely need permission from the courts to move, even with sole custody.
    Answer Applies to: California
    Replied: 8/24/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    NRS 125C.200 Consent required from noncustodial parent to remove child from State; permission from court; change of custody. If custody has been established and the custodial parent intends to move his or her residence to a place outside of this State and to take the child with him or her, the custodial parent must, as soon as possible and before the planned move, attempt to obtain the written consent of the noncustodial parent to move the child from this State. If the noncustodial parent refuses to give that consent, the custodial parent shall, before leaving this State with the child, petition the court for permission to move the child. The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent.
    Answer Applies to: Nevada
    Replied: 8/24/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    What you are proposing seems potentially unfair to the child involved. It would be risky at best to move and then possibly be ordered to return if the Father files a Custody Complaint and/or Petition for a Plowman Hearing within six (6) months after you move from the current "Home State" Jurisdiction of PA. If your move is really in the child's best interest, then get court approval by following "Relocation Law" rules.
    Answer Applies to: Pennsylvania
    Replied: 8/24/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, if you look at your parenting plan, you will see a long section about some of the things you have to do to relocate.
    Answer Applies to: Washington
    Replied: 8/23/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    Yes, the Sole Custody status allows you to make that decision.
    Answer Applies to: Florida
    Replied: 8/23/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It isn't clear what you mean by saying you "have sole custody". If that means there is a court order establishing parental rights and responsibilities, the answer to your question should be found in that court order and it will probably depend on how much involvement in the child's life the father is exercising. If there is no court order, and especially if you were never married to the father, you are free to do what you choose.
    Answer Applies to: Colorado
    Replied: 8/23/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    You will need to file a Petition for Removal. Otherwise, you run the risk of having the father file an action to bring the child back to the Commonwealth. In that event, you would be ordered to bring the child back or the authorities would come and take him back (by force, if necessary).
    Answer Applies to: Massachusetts
    Replied: 8/23/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Having sole custody does not give you the right to relocate. I recommend you speak with an attorney to discuss the way that ARS 25-408 relates to your situation so you can determine your best course of action.
    Answer Applies to: Arizona
    Replied: 8/23/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you have sole custody, you should be able to move out of state; however you need to take your custody order to a family lawyer to review it for a definite answer. If you do move, it is possible that the father can file a change of custody action and ask that the child remain with him, particularly if you are taking the child ton move in with a boyfriend, which a lot of judges don't like.
    Answer Applies to: Georgia
    Replied: 8/23/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Since you did not tell us how you got full custody (divorce, court order, etc) there is no way to answer if you can move. But what you did not ask is what you should have asked. Moving in with a boyfriend without marriage could be grounds for a court to strip you of custody. If you care about your child, that is a completely foolish plan unless you first marry.
    Answer Applies to: Georgia
    Replied: 8/23/2011
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