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