Can my daughters mom move her out of state without my permission? 18 Answers as of May 18, 2011

Can my daughters mom move her out of state without my permission. She has physical custody. We have shared legal custody. I have visitation and pay child support.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Look at your custody papers. Is there a geographic restriction? If so, then that is your answer. If not, then she can move. However, you can take her back to court and ask for the geographic restriction to be put in the papers.
Answer Applies to: Texas
Replied: 5/18/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Generally, the answer is "yes" she can relocate. But, if there is a court order concerning custody, that court order controls and, unless it specifically allows her to relocate without permission, she will need court permission to move if you object. But, you will need to file a motion with the court to object and request the court to stop her from moving until a court can decide whether relocation is in the child's best interest and whether there needs to be a modification of your parenting time schedule.
Answer Applies to: Colorado
Replied: 5/18/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Look at your divorce order. Most likely she is required to give you written notice, and you have the right to object. Ultimately, the court will decide what is in the best interest of the child related to the move. Stay well.
Answer Applies to: Alabama
Replied: 5/17/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes she can, you must file a motion to stop her.
Answer Applies to: California
Replied: 5/16/2011
The English Law Firm
The English Law Firm | Robert English
I can only speak to California law. Generally she has the ability to move but must give you notice. You are allowed to file an Order to Show Cause with the court to prevent the move or change the custody arrangement. The controlling factor for the court will be the "best interest of the minor child."
Answer Applies to: California
Replied: 5/16/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    No, she may not move her out of state without making provisions for visitation with you beforehand. She or you must go to a Family Court to stop her or for her to get permission before she moves. Of course, the age of the child would make a difference to the matter, but you never mentioned that fact.
    Answer Applies to: New York
    Replied: 5/16/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Do you have a judgment that outlines custody and parenting time? Has she given you notice that she is moving? If so, you can file a motion to prevent her from moving the children out of state. I need to know much more, but there is legal action that you can take to attempt to prevent this move.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, under the parenting plan, the mother will need to provide you with notice of her relocation and you will have the opportunity to object.
    Answer Applies to: Washington
    Replied: 5/16/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Probably not, but we need to talk it over. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, the mother would need to send you a notice of intent to relocate, and you would then have the opportunity to challenge the relocation in court.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    No but you should file a motion with the court as soon as possible to object to the relocation.
    Answer Applies to: Connecticut
    Replied: 5/16/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    No. mother needs a court order to move your daughter out of state. If mother insists on doing this without your permission, you need to file the appropriate papers with the court to prevent such abduction (i.e., by changing the physical custody arrangement or getting "abduction prevention" orders. Call a local family law lawyer for further assistance.
    Answer Applies to: California
    Replied: 5/13/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Possibly, but you could controvert such a move. If your custodial timeshare (or visitation) of the children amounts to de facto joint custody, i.e., 35% or more, your ex-wife would need to prevail on a best-interests basis, i.e., to prove that it is in the childrens' best interests (not her own best interests) to move out of state. If you have less timeshare, her burden is far less, and you would have the burden to demonstrate that it would be detrimental to the best interests of your children for them to be moved out of state. You would best consult and/or retain an experienced Family Law Attorney if the move-away is about to happen or has already happened.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It depends upon what the custody order states. If you are in my area, please contact me for a free consultation and I would be happy to review your order and give you more advise.
    Answer Applies to: California
    Replied: 5/13/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The primary caretaker is suppose to give you notice and propose a new parenting plan. You have the opportunity to object and propose a different plan. The court considers many factors in deciding whether the child goes with the mover or not. See an attorney. good luck.
    Answer Applies to: Washington
    Replied: 5/13/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    If you reside in Western Washington, feel free to call me to schedule a free initial consultation-either in person or by phone-about your situation. If there's a court-ordered parenting plan, then presumably she must follow the relocation statute provisions set forth therein.
    Answer Applies to: Washington
    Replied: 5/13/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Connecticut does have a statute on point. If she hasn't moved but is contemplating it, you need to file a motion to modify custody. If she has already moved, you would need to file other motions. Of course, if the move occurred some time ago and you haven't done anything about it, it may be too late. You really need to speak to a divorce/custody attorney and provide more detail before a more concrete answer can be given.
    Answer Applies to: Connecticut
    Replied: 5/13/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney