Can I move out state with my children if I am physcially abused? 17 Answers as of June 02, 2013

I have become the victim of physical abuse, I need to know if I can move out of state with the kids?

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Law Office of William L Spern | William Spern
As long as the children are not wards of a court by virtue of a divorce, you may move anywhere in the world. If the children are subject to a custody order, you must seek approval to take the children from the state.
Answer Applies to: Michigan
Replied: 12/12/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
You cannot relocate out of state with minor children unless you have a court order allowing that relocation or consent of the other parent who has a parenting schedule.
Answer Applies to: Minnesota
Replied: 12/5/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Probably. However, you are still going to have to follow the relocation act procedures before you can move.
Answer Applies to: Washington
Replied: 12/3/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Do you have any court orders? If so, those orders either contain a geographic restriction or they do not. If there are no orders, you can move, but you risk Dad coming in and filing a divorce or a suit affecting a parent-child relationship here and asking the court to order you back before you can establish residence in the new state. That said, if you have proof of the physical abuse, you probably want to do this here anyway. Texas has zero tolerance for physical abuse and you will get sole managing conservatorship if you can establish his physical abuse - unless you have been physically abusive too, in which case all bets are off. Do you currently live in Collin or Dallas County? If so, please give me a call, I would love to discuss this matter with you. Otherwise, you should consult with a local lawyer and decide what is best for you at this moment. Without knowing all the details, such as what state you plan to move, family connections here and there, etc., I would recommend a legal custody battle here before you move.
Answer Applies to: Texas
Replied: 12/2/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Answer Applies to: Georgia
Replied: 6/2/2013
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Unless there is an order that prohibits your movement, you are allowed to go anywhere you want with your children. Once an Order is in place for custody and visitation it is likely you would not be allowed to move with the child without first getting permission from the other parent or the court.
    Answer Applies to: California
    Replied: 12/1/2011
    Peyton and Associates | Barbara Peyton
    Depending on what your current order for custody says and depending on whether you can prove the abuse, you need to give notice to the other side of your intent to relocate, The other side may then file an appropriate motion for a court order concerning your desire to move away.
    Answer Applies to: California
    Replied: 12/1/2011
    T. Mack Taylor LLC | Mack Taylor
    So long as there is no prior court order prohibiting you from leaving the state or limiting your visitation rights and you have legal custody.
    Answer Applies to: Georgia
    Replied: 12/1/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You should file for restraining orders to get protective orders as well as to permit the move.
    Answer Applies to: California
    Replied: 12/1/2011
    Odin, Feldman & Pittleman, P.C.
    Odin, Feldman & Pittleman, P.C. | Richard A. Gray
    Is there a court order in your case determining custody and visitation? If so, they normally require 30 days advance written notice to the court and to the other party of any intention to relocate. If there is no court order preventing the relocation, then you can certainly move but the other parent may seek to have the court order you to return the children to Virginia. Whether the other parent could or would prevail on such a motion would depend on the facts of the case as they are presented to the Court.
    Answer Applies to: Virginia
    Replied: 12/1/2011
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    Like a lot of questions, the answer to your question depends on certain facts not clear from your question. Are you married to the abuser? Is there a divorce proceeding underway? Are any orders in place? Generally, if you have never been married to your abuser and if there are no orders in place you are free to move with the kids. Under other scenarios it is trickier. First, if there is an order in place already look at that order. Is there a geographic restriction? Is there a provision for notice before a move. If there are orders, follow them. If you are married or unmarried and there is no parentage or divorce case pending, generally you can move with the kids, but you may be brought back should a parentage or divorce proceeding be filed in the next six months. Whether a court would compel your return with the kids is case specific, and varies from court to court. If there is already an action pending there may be standing orders of the court or temporary orders that prohibit such a move. If you violate these, you will almost be certainly brought back and may suffer other ramifications of violating an order. The clearest path is to pursue a protective order now, where you currently reside. Also, you might file a parentage proceeding or a divorce. If you establish the domestic violence you may very well be able to persuade a court that you should be permitted to move with your children for the safety of both, As you can tell, there are a lot of variables at play here. I would consult an attorney. If you cannot afford one, I would contact the local legal aid office and advocacy groups for battered women. There is a lot of help out there for people in your situation. I hope this helps you. Take care of yourself, and good luck.
    Answer Applies to: Texas
    Replied: 12/2/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If there is no court order now in effect that establishes what specific rights each parent has, there is no legal reason you can't move; regardless of whether there has been abuse. That assumes you are the mother because until there is a judicial determination of paternity and specific parental rights, an unwed father has no rights other than the right to ask a court to establish his rights.
    Answer Applies to: Colorado
    Replied: 12/2/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You haven't given me anywhere near enough information to answer that question. For example: are you male or female? Married, single or divorced? For physical abuse you can obtain a domestic violence civil protection order to keep the abuser at bay. Look to yur county domestic relations court website. If there is no information there, go to the Cuyahoga County Domestic Relations Court website.
    Answer Applies to: Ohio
    Replied: 12/1/2011
    Marca Tanner Attorney at Law | Marca Tanner
    As long as there isn't a court order in place that deals with custody and visitation, you can move anytime you want to anywhere. The other party may try to bring you back by filing a custody motion in your former state, but there is nothing illegal about you leaving a state with your own kids barring a court order. Most states have some sort of expedited process for divorces and/or child custody orders if there is abuse involved. Find an attorney wherever you move to who can advise you about that state's laws. GOOD LUCK!
    Answer Applies to: Utah
    Replied: 12/1/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    You can move - so long as you do so before any court action is filed. It is important to note that the new state to which you move cannot entertain any custody action involving your children until the children have resided in that new state for at least 6 months (subject to certain limited exceptions). Thus, you should be prepared to litigate by long distance any custody action regarding your children in the state of your current residence. If possible, seek the assistance of a local attorney before you move.
    Answer Applies to: Washington
    Replied: 12/1/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If there is no custody order regarding the children, you should be able to move out of state. But you need to discuss the details of your situation with an attorney beforehand just to make sure there would be any legal reason you shouldn't leave.
    Answer Applies to: Georgia
    Replied: 12/1/2011
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