Do I need an attorney to take my child out of state? 13 Answers as of April 29, 2014

I am a full time student who is living at home with my mother and my child. My mother is being transferred to another state for her job so I plan on transferring my credits to a school in that state. The father of the child and I have joint custody and I am not allowed to take the child out state. Is it still possible to take the child out of state if it's court ordered that I can't and if I can, do I need a lawyer or can I go straight to the judge and ask him?

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John Ceci PLLC
John Ceci PLLC | John Ceci
You need to file a motion to change the child's domicile. The court might let you take the child; the court might not. You have to meet the legal standards for doing so.
Answer Applies to: Michigan
Replied: 4/29/2014
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
You need to file a notice of intent to move. Dad then has to respond with an objection to you and the court in writing. If he doesn't, you are free to go. If he does, the court will decide if you can.
Answer Applies to: Wisconsin
Replied: 4/29/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The kind of case that you just described is referred to as a move away case. Retaining the services of an experienced family law attorney increases your chances of getting an order allowing the child to relocate with you.
Answer Applies to: California
Replied: 4/29/2014
The Bryan Law Firm, L.L.C.
The Bryan Law Firm, L.L.C. | Douglas L. Bryan
You would need to comply with Louisiana's relocation statute. I would certainly recommend consulting an attorney to ensure that your notice to the father contains all of the required information. The notice needs to be sent at least 30 days prior to the proposed move and sent to him via certified mail.
Answer Applies to: Louisiana
Replied: 4/29/2014
Law Office of Martin A. Kahan | Martin A. Kahan
You need to file a modification.? You can proceed as self represented or retain an attorney.
Answer Applies to: California
Replied: 4/29/2014
    D. R. Phillips Law Firm, LLC
    D. R. Phillips Law Firm, LLC | Randy Phillips
    This is difficult to answer without more information since you stated you are prevented from taking the child out of state. Is there an order stating such?
    Answer Applies to: Alabama
    Replied: 4/29/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    The only way you can take the child out of state is if dad agrees or the court orders it. The court will order if it is in the child's best interest. If dad can provide a stable home environment, then your moving to stay with your mom does not sound like you will be able to prove it is in the child's best interest. Now if dad cannot provide a stable home, you might have a shot. So, to evaluate your possibilities, you should talk with a local attorney.
    Answer Applies to: Idaho
    Replied: 4/29/2014
    Law Offices of Lauren H. Kane | Lauren H. Kane
    Yes, if there is a current court order and it is not permitted in the order, you would need to file a motion and get court permission.
    Answer Applies to: Pennsylvania
    Replied: 4/29/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    You it's file the appropriate Request for an Order to get permission to take the child out of state. You can do this without an attorney but it is always better to have representation.
    Answer Applies to: California
    Replied: 4/29/2014
    John Russo | John Russo
    No you cannot go straight to a judge and ask them, that is called ex parte communication.
    Answer Applies to: Rhode Island
    Replied: 4/29/2014
    Smith Law | Sharon K Smith
    You need to file a petition for relocation, if the father doesn't consent to the relocation you will need to set a date for a hearing at which time the court will make the decision on whether or not you can move based on criteria set forth in State Law.
    Answer Applies to: Pennsylvania
    Replied: 4/29/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You'll have to file a motion to modify the custody order and to allow your change of residence. You can attempt to do that yourself but as it is a an extremely important to you I would suggest that you engage an attorney to assist you to the extent possible. There is no guarantee that you will be allowed to leave with the child as the father of the child also has rights. If you take a child and relocate out of state without the permission of the court, or against the current order of the court, it will be extremely detrimental to your long-term custody and potentially cause the court to give full custody to the father of the child. You never gain favor by the court by ignoring its order.
    Answer Applies to: Michigan
    Replied: 4/29/2014
    Diane l. Berger | Diane L. Berger
    YOU DON'T NEED A LAWYER AND YOU CAN'T GO STRAIGHT TO THE JUDGE. YOU HAVE TO FILE A MOTION AND SET IT FOR A HEARING DATE.
    Answer Applies to: Nebraska
    Replied: 4/29/2014
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