Can I move out of state with my child if there is no established custody? 4 Answers as of August 15, 2012

I am planning to move to Georgia and currently there is no established custody. I am wondering what the repercussions and benefits are of obtaining sole custody or moving without it.

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Attorney At Law | Harry D. Roth
You may. Whether you should depends upon the degree of involvement of the child's father in the child's life. The greater the degree of involvement the stronger the likelihood that a unilateral move, especially without notice, will come back to bite you. If you move to another state, it will be six months before you can petition for custody there, absent an emergency. If you move first and file later, you could easily be fighting a long-distance custody battle and face the possibility of having to move back here in order to litigate custody. How likely is that? Again, the more involvement in the child's life the father has, the more likely it is. In the long run, if you are the child's custodian and if you are moving for any reason other than to take the child away from the father, you will almost certainly get the court's permission to move. When you move first and ask permission later, it starts to look like a grab and run. Put yourself in his shoes for a moment. Then for a moment put yourself in the judge's shoes. How upset would you be if the situation were completely reversed and he moved? What do you think the judge's reaction would be, just on a human level, when you marched into court and said, "who does he think he is to take our child and move all the way across the country without my permission or yours?" Then turn back and imagine yourself in Georgia telling the judge, "well, he has not seen the child in"
Answer Applies to: California
Replied: 8/15/2012
Steven Alpers | Steven Alpers
Technically, you can move so long as it is not to deny the father custody or visitation. The best way to avoid facing a criminal charge for hiding your child from a parent is to notify the father of your plans, when you will be moving and where, address and phone number. Do this at least 30 days before you plan on moving so that your ex will have time to file a motion. If he files a motion you may not be able to take your child out of state before custody and visitation are arranged. If you know a reason to deny him custody or visitation you could file first and get things going so you can leave without a problem.
Answer Applies to: California
Replied: 8/15/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It depends on the father-child relationship - i.e., if and/or how often the father spends time with the child, and for how long. If the move is going to disrupt the father-child relationship, you run the risk of 1) a state or federal Parental Kidnapping charge; or 2) the father filing a Paternity case in California within six (6) months of the date of your move. You can make the move without those risks if the father signs his written consent to the move. If the father never contacts or sees the child, then making the move would likely not subject you to serious risk. If you negotiate with the father, it would be best to work out the father 's visitation with the child and who would pay the expenses involved in the visitation, and set forth that agreement in the written agreement which grants you the father's permission to make the move with your child. California is the child's "Home State" if the child has lived continuously in California for the last six months. If you make the move and reside in Georgia for over six months with your child before any child custody or Paternity litigation is commenced, Georgia will become your child's Home State, and any litigation concerning child custody and visitation will then have to be conducted in Georgia.
Answer Applies to: California
Replied: 8/15/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You need to get court order first before you move. Moving without a court order can be problematic.
Answer Applies to: California
Replied: 8/15/2012
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