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Reeves Law Firm, P.C. | Roy L. Reeves
Generally speaking, there should be no problem. You should look over your custody papers. Do the papers say you have to live in a certain geographical location? If so, look at the conditions - usually, if there is a geographic restriction, it only exist as long as the other parent lives in that same jurisdiction.
Answer Applies to: Texas
Replied: 9/23/2011
Beaulier Law Office | Maury Beaulier
Under Minnesota law, if the other parent has court ordered parenting time, relocation out of state requires consent of the parents or, in the alternative, a court order allowing the relocation. You cannot relocate without consent or a court order.
Answer Applies to: Minnesota
Replied: 9/20/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
Unless there is an order preventing or restraining relocation, you can relocate. If there is an order requiring notice prior to moving, you must provide the requisite notice. Note, even if you do relocate, you cannot prevent the father from spending time with the child.
Answer Applies to: Georgia
Replied: 9/19/2011
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you are not divorced, you can relocate to another state with the children, but you should give your husband notice of your move so that he can have access to the children. If you are divorced and there are restraining orders requiring you not to move out of the state with the children, you will need your husband's written permission or an order of the Court to make the move in order to minimize your risks. If you are divorced with no orders restraining you from moving out of the state with the children, you likely can make the move with the children without substantial risk, but you should give your ex-husband notice of your move so that he can have access to the children.
Answer Applies to: California
Replied: 9/19/2011
Roscich & Roscich | John Roscich
Probably. You will still need the approval of your former husband and a court order entered in your divorce case. If he objects, the fact that he lives in a different state will help your case significantly.
Answer Applies to: Illinois
Replied: 9/19/2011
Law Office of Michael W. Bugni | Jay W. Neff
Depends. If you are the primary residential parent and if there is a Washington parenting plan in place, then, you are going to have to comply with the terms of the Washington relocation act before you can move. If there are no orders in place, however, then, as far as I am aware, you could move.
Answer Applies to: Washington
Replied: 9/19/2011
Colucci and Associates | Paul Colucci
Yes, but you must first obtain the Court's permission to move or your husband's consent. This can be a very complicated situation.
Answer Applies to: Michigan
Replied: 10/3/2011
The Law Office of Cathy R. Cook | Cathy R. Cook
Probably. If your degree states that you will not relocate with the children unless you have an agreement from your ex or a court order, you must obtain one of those. Otherwise, you only have to file a notice of relocation.
Answer Applies to: Ohio
Replied: 9/19/2011
Hochman and Peppler, LLC | Thomas R. Peppler
If you husband has left the state you may also leave the state. Once you both leave Florida the state you live in with your children will become the state with jurisdiction over the remaining issues.
Answer Applies to: Florida
Replied: 9/19/2011
Horizons Law Group, LLC | Michelle B. Fitzgerald
Interesting question. The law says to follow certain procedures if moving more than 150 miles from the other parent if that parent has placement rights. However, if that parent has already moved away, and if you believe your move would not affect his placement, that portion of the law may not apply. Also, you referred to him as your husband. If you are still married, no legal requirements apply as far as giving notice/permission to move. Of course, he would eventually need to be aware of where you are so you don't run up against allegations of kidnapping or such.
Answer Applies to: Wisconsin
Replied: 9/19/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
You should look to the terms of your court order. If the provision does not prevent you from from leaving the state and your hour husband's visitation will not be affected by the change, a court will likely allow you to relocate.
Answer Applies to: California
Replied: 9/19/2011
Cody and Gonillo, LLP | Christine Gonilla
It depends on what your current orders indicate. You should consult with an attorney in your area who practices family law. Our firm handles such cases.
Answer Applies to: Connecticut
Replied: 9/19/2011
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
Are you separated? He could file divorce citing abandonment and ask for and get custody of children. If you are divorced look to your decree or settlement agreement for an answer.
Answer Applies to: Alabama
Replied: 9/19/2011
Law Office of Cassandra Savoy | Cassandra Savoy
You may need permission because if you move, NJ will not longer have jurisdiction. I really need al little more information. However, at the end of the day, the courts in general do not restrict relocating so long as the reason for relocating is not to deny the other parent access to the children. Work out parenting time before you move.
Answer Applies to: New Jersey
Replied: 9/19/2011
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
Unless your divorce decree and settlement does not restricts you to the state and your ex lives in another state there should be no reason you could not move. If your order states that you are not to leave the jurisdiction of the court without permission you will need to file a motion with the court seeking permission to leave and have your case transferred to the new state.
Answer Applies to: Arkansas
Replied: 9/19/2011
Ashman Law Office | Glen Edward Ashman
Maybe. You have not given us enough details to answer. Do not move without seeing a lawyer.
Answer Applies to: Georgia
Replied: 9/19/2011
The Law Office of M. Elizabeth Foley | M. Elizabeth Foley
If he's actually still your husband and there's no SAPCR orders restricting you from doing that, yes. On the other hand, be aware that if you do, especially if you don't talk it over with him first, he's likely to be pretty upset about it, and unless you and the kids manage to make it through at least six months in the new state without him filing a SAPCR in your current state, you're going to have to come back to the first state to deal with that, and it's probably not going to look too good for you to take off with the kids without clearing it with him first, even if it's not violating any court orders at this point.
Answer Applies to: Texas
Replied: 9/19/2011
The Law Office of Erin Farley | Erin Farley
In order to relocate to another state, you need the written consent of the children's father or an order from the court.
Answer Applies to: California
Replied: 9/19/2011
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
If you have primary custody of your children, you must give your husband notice of your intention to relocate and give him the opportunity to respond.
Answer Applies to: Washington
Replied: 9/19/2011
John E. Kirchner, Attorney at Law | John Kirchner
You don't appear to be asking the right question. The right question would appear to be "what is there to say you can't relocate?". Apparently there is no divorce pending, there are no court orders defining each parent's rights, and you and your husband do not live together and live in separate states. So, it would appear that the answer to the correct question is "nothing". If the ONLY reason you are even asking the question is that your husband is claiming you can't move, you need to recognize that he has no legal authority to tell you where to live - period. Since he has apparently agreed the children ought to live with you, moving them to another state wouldn't appear to cause any serious change in the current situation.
Answer Applies to: Colorado
Replied: 9/19/2011
