Can we move out of the state without child custody arrangements? 12 Answers as of May 03, 2011

Can I move out of state without custody arrangements? I can’t afford to stay here. My husband and I own a house and he has a job lined up already. Can I legally leave without a legal custody arrangements made?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
If there have been no judicial proceedings started, either parent is free to move wherever they choose. But, if the stay-behind parent doesn't agree with relocating the children, he/she can require the parenting plan arrangements to be decided by Colorado court if the case is filed within 6 months of the move. If the judicial proceedings are already filed, the children cannot be removed from the state until the other parent agrees in writing or until a court authorizes the move. Obviously, establishing permanent parenting plan arrangements before leaving would be the ideal, but there is no reason the final plans can't be completed after the move.
Answer Applies to: Colorado
Replied: 5/3/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I will speculate that you have custody and this husband is not the child's father, but rather the child is from a prior marriage. If that is correct, then you need to read the last divorce decree that most likely provides that you must provide written notice to the non-custodial parent of the new address and contact information. If you are talking about leaving the current father and taking the child, and you simply are not divorced yet, then yes, either parent has equal rights until a divorce order says differently. Stay well.
Answer Applies to: Alabama
Replied: 5/3/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, but if he files for the divorce and ask the Court to order the child back to Texas, you can find yourself fighting a battle across a state line.
Answer Applies to: Texas
Replied: 5/2/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
The Florida Statute on relocation bars relocating once an action has been started with the courts. Therefore, if no action has been filed with the courts such as a divorce action, child support action or any other action in connection with the child then you can move without repercussion. However, if an action is pending and you relocate, then you would be in violation of the relocation statute in Florida. Please call me at 904-685-1200 to further discuss your options.
Answer Applies to: Florida
Replied: 4/29/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
I am assuming your present husband is not the biological father of your children...? If this is the case, it depends on what the court order stated, if there is one, when you divorce your ex-husband. I encourage you to contact our office to discuss this in more details. You are under no financial obligation, we offer free 30 minute consultations.
Answer Applies to: Illinois
Replied: 4/29/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    You may move out of state, however you cannot take your children with you without the consent of the other parent or orders of the court. I would recommend retaining counsel immediately so that you can request orders allowing you to move.
    Answer Applies to: California
    Replied: 4/29/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If you are leaving as an intact family there should be no problems.
    Answer Applies to: Connecticut
    Replied: 4/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If a divorce case is pending with a court, then no, you cannot take any children out of state without mutual agreement. If no case has yet been filed, even though you will not be violating any automatic restraining orders prohibiting taking children out of state, you could still be committing abduction, which would come back and haunt you at any future custody hearing.
    Answer Applies to: California
    Replied: 4/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on whether the other parent has established a parenting schedule or custody arrangement in court. If they have, any relocation out of State with a child requires an agreement of the parents or a court order. If you leave without seeking a proper court order, the opposing party may file a Motion seeking an immediate change of custody.
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    I think you left out part of this. If you have a child with your husband, and you and he want to move, then you can move.

    If you have a child with another person, and you and your current husband want to move, then it gets more complicated.

    Call me and we can discuss it.

    No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 4/29/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Yes you can, however the court can make orders without you. Get an agreement first then move, it will be easier.
    Answer Applies to: California
    Replied: 4/29/2011
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