Can I move out off the state without full custody of my children? 17 Answers as of April 26, 2013

I had a restraining order but just expired on Aug. 27, 2012 I had full custody off my children. But now I have a job offer in Las Vegas Nevada but am concerned since I don’t have full custody off my children.

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Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
I would recommend that you file a motion to allow you to move out of state.
Answer Applies to: California
Replied: 11/27/2012
Victor Varga | Victor Varga
No.
Answer Applies to: Maryland
Replied: 4/26/2013
Woods, May & Matlock, PC
Woods, May & Matlock, PC | Robert J. Matlock
If there is an order restricting the residence of the child, you should ask the court to change that order to allow you to move. During the pendency of a divorce, there are usually orders in effect restricting the parties from moving the children and it is wise to ask the court to change them if a move is needed. Final orders may or may not have a residence restriction in them. If so, permission from the court is necessary. If not, permission is not necessary but you can expect the ex to ask the court for modification of the orders due to the distance from the children and the costs of transportation. I suggest you hire a lawyer.
Answer Applies to: Texas
Replied: 11/25/2012
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Are you the primary residential parent? What sort of access does the other parent have with your children? How involved is he/she in their lives? How old are they? This and a number of other questions are relevant concerning this inquiry. Permission to relocate is always keyed to what is in the children's best interests and their relationship with the other parent and the ability to maintain that after the move. This is one of the most difficult areas of family law to deal with.
Answer Applies to: New York
Replied: 11/23/2012
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Is there a court order stating that you do not have full custody or that you have joint custody? If so, you may need to petition the court for permission to remove the children out of state. If there is no such order, you do not need the court's permission.
Answer Applies to: Illinois
Replied: 11/23/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You probably have to obtain written permission from the father or a court order to move out of state.
    Answer Applies to: Florida
    Replied: 11/22/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You should return to court to get orders to permit the children to relocate to Nevada. If you leave without those court orders, you run the risk that the other parent could acquire court orders mandating the children's return to California.
    Answer Applies to: California
    Replied: 11/22/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    To move the domicile of the children out of state, you will need to seek permission from the court.
    Answer Applies to: Michigan
    Replied: 11/22/2012
    John Russo | John Russo
    What type of custody order do you have, you had some type custody but now you don't, say what you mean this is not Wheel Of Fortune.
    Answer Applies to: Rhode Island
    Replied: 11/22/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    So if the children will not be moving with you there is no problem legally but you should maintain contact as much as possible.
    Answer Applies to: Georgia
    Replied: 11/22/2012
    Law Office of James L. Miller
    Law Office of James L. Miller | James Miller
    Your question is confusing. In one sentence you have full custody and in the next you don't. Just because the restraining order ends does not mean the custody arrangement ends.
    Answer Applies to: California
    Replied: 11/21/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    your information makes no since. you say you have full custody, then you say you do not. What do you mean?
    Answer Applies to: Alabama
    Replied: 11/21/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    You need to get the other side's permission to move the kids out of state or get a court order. If you can reach an agreement, have an attorney draft it and file it with the court.
    Answer Applies to: California
    Replied: 11/21/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    My answer applies only if you live in New Jersey. It is most likely that you will need your ex's agreement to moving (it would be smart to have it in writing) or you need to get the court's permission. I am not certain of this, but this is the most likely situation. If you are required to have permission, and you do not get it, and you move with the child anyway, you can have serious problems. Serious. You could lose custody and parenting time with your child, or even maybe have kidnapping charges against you. Serious problems. There is a lot at risk here, and you do not want to risk losing all of that. You need a lawyer to sit down with you and give you some advice.
    Answer Applies to: New Jersey
    Replied: 11/21/2012
    Hamblin Law Office | Sally Hamblin
    If you do not have full custody, or split custody or any custody where children live with you, yes. You can waive visitation.
    Answer Applies to: Michigan
    Replied: 11/21/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    You will have to file a motion to change domicile. Hire an attorney to make sure your case is properly presented to the judge.
    Answer Applies to: Michigan
    Replied: 11/21/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    I would suggest getting permission from the court to move.
    Answer Applies to: California
    Replied: 11/21/2012
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