Can I move out of state with sole custody of my child? 24 Answers as of July 11, 2013

Can I move out of state if i have sole custody of my child?

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Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
I believe that you still must comply with the Parental relocation statute (Chapter 61.13001) even with sole custody. Does the other parent have any visitation/time-sharing with the child?
Answer Applies to: Florida
Replied: 6/13/2011
Gresham Family & Bankruptcy Law
Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
Read your divorce decree. It will probably state that you must give the other parent 60 days notice that you intend to move to another state. It is up to him or her to object to your move. You will need to notify the court clerk where the judgment is filed. If he/she objects to your moving, he will probably be able to prevent you from moving the kids out of state, at least for a while.
Answer Applies to: Oregon
Replied: 6/13/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can, if there is no restraining order in the Judgment preventing you from doing so, but you could have problems if you do so without your ex's written consent or a court order permitting you to do so, since your moving out of state would affect the other parent's visitation with your child, and the Court could fault and even penalize you for moving without seeking to resolve that matter first. You should seek the other parent's written permission for you to move with your child out of state, and you should work out visitation with the other parent. If you and he can't agree, you should retain an experienced Family Law Attorney to prepare, file and serve a Move-Away Order to Show Cause seeking Court permission to move out of state with your child. Those are difficult matters, so you should retain an experienced Family Law Attorney to represent you.
Answer Applies to: California
Replied: 6/13/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
I would recommend that you consult with your divorce attorney where you live as soon as possible. You should consult with a lawyer about all the facts, and after careful review of your divorce documents to help you make an informed decision. Also, discuss with your attorney the possibility that your action may generate a suit by your ex. Good luck!
Answer Applies to: Georgia
Replied: 6/13/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
The answer is in your divorce papers. Look to see if there is a geographic restriction or not. If there is, is there a clause to let you out. BTW: If there is a court proceeding pending at this time, you cannot leave the jurisdiction (for the purposes of moving residence) without the Court's permission.
Answer Applies to: Texas
Replied: 6/13/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    That depends entirely on what the court order establishing parental rights says and what the specific law of the state where that court order was issued says. You need to read the current court order carefully and consult an attorney who can better advise you. Unless the move would not be in the child's best interest you can probably move to another state, but you may need permission from the other parent or the court to do so.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    If your court orders do not prevent you from moving out of state you may provided that you have sole legal and physical custody of your child. However you will still need to notify the other parent and make arrangements for visitation under the present order. If you can't move and maintain the present visitation order, you will need to seek permission from the court to modify the current orders so that you may move. You should contact an attorney to discuss the particulars of your case.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Your ability to move out of state depends upon what the custody order states. Often, a sole legal and physical custody situation still prevents that party from moving out of state without permission of the court. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    The answer is "maybe." I assume that you are talking about moving out of the state of Washington to some other state. I also assume that there is already in place a parenting plan or similar court order granting you primary care of the child. If those assumptions are correct, then, you can move out of state if you jump through all of the hoops required by the Relocation Act. A summary of what you have to do will be included in the parenting plan. Basically, it involves giving certain notice to the other parents and waiting to see if that person objects. If there is no response, then, generally, you can move. If there is a response, then, you will likely have to file a court case to get the court's approval for the move.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes but it the other parent;s visitation rights would be affected you will have to get those modified.
    Answer Applies to: Connecticut
    Replied: 6/13/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. If the other parent has a parenting time schedule, you must have their consent or file a Motion seeking an Order of the court.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assume Oregon law applies: Are you divorced? Is there a Judgment granting you custody? If so, there is a statutory requirement to give the person and the court notice of your intended move within a reasonable time; usually 30 days at least.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, unless your parenting plan provides otherwise, you need to follow the relocation procedure (which should be referenced in your parenting plan).
    Answer Applies to: Washington
    Replied: 6/10/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Ohio, you would have to give thirty days notice to the court (domestic relations or juvenile) and to the other parent. If the other parent does not object, you are free and clear. please consult a domestic relations attorney for further information.
    Answer Applies to: Ohio
    Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Read the custody order. You probably need to give written notice to the other parent via certified mail. Keep a copy of what you send. If the other parent fails to object, typically within 45 days, then you are good to go. Further, even with objection, if your motive is not malicious, the court is likely going to allow the move. Stay well.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes. You should review the terms of your custody order to determine whether you have to give advance notice of your intended move. I always recommend that in addition to giving advance notice of the move, you should also let the other parent know what your proposed parenting plan is.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes but you need to give notice to the other parent.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, you should do so only by court order. There are also relocation notice requirements.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    In Georgia the custodial parent generally has the right to move out of state with the child. The other parent does have the option to file a custody or visitation modification action in response to the relocation.
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    It depends on what the agreement, court order and parenting plan say.
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    Do you have an order giving you sole custody? Are you married to the father of your child? Is there a custody order with visitation?
    Answer Applies to: California
    Replied: 7/11/2013
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    Depending on the existing custody decree, you will probably have to file with the court and petition to change the parenting plan. You may have sole custody, but most states say that does not give you free reign to unilaterally move out of state. I would speak to a family lawyer in your area.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can move but I bet your real question is whether you can move with your kids. If you have a Washington parenting plan, and you are the primary caretaker, you need to follow the notice and other requirements in the statute set forth in the parenting plan.The other parent can then object and cause a hearing. Usually, if you have half way decent reason for moving you can.There is a presumption you can go. The court has to consider multiple factors, but they usually favor the primary caretaker. Good luck.
    Answer Applies to: Washington
    Replied: 6/10/2011
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