Do I still need my ex's permission to leave the state if he is not in the area? 16 Answers as of May 24, 2011

My ex husband and I have joint custody. He has left the state without giving me any forwarding information or phone number. The divorce says I must get his permission to leave the state. Do I still have to do that if he left?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I would suspect your order says you have to give him written notice. Look closely at the requirements in the order. If you cannot find him after a due diligence search, then just send written notice to the court of your efforts and a copy of the notice attempted to be served on him. Stay well.
Answer Applies to: Alabama
Replied: 5/24/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
No, you don't and there's nothing he can do since he left the state already. However, check with a local lawyer before leaving. Sometimes you need to go to Family Court first on these matters. Good luck.
Answer Applies to: New York
Replied: 5/23/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Just send notice to his last known address.
Answer Applies to: California
Replied: 5/23/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Are you talking about a Washington state parenting plan. It doesn't sound like it. In Washington state you have to give notice and follow the other requirements set forth in the parenting plan to move out of the child's school district.
Answer Applies to: Washington
Replied: 5/20/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law, if you are relocating outside of the child's current school district you are required to give the other parent 30 notice of your intent to relocate, including a copy of your new proposed parenting plan if that is needed. If he does not respond, then you can move and enter the new parenting plan. Mailing the notice to his last known address would probably be sufficient, but please consult with an attorney to have him or her research that point.
Answer Applies to: Washington
Replied: 5/20/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If the other parent has a parenting schedule, you may not relocate out of state with a minor child without consent of the other parent or a court order. Certainly, if your court order includes such a provision, you may not relocate unless or until the court order is modified. If presented with a motion to relocate, a court makes such determinations based on what it believes is in the child's best interests.
    Answer Applies to: Minnesota
    Replied: 5/20/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    He disappeared? You may want to go to Court to make sure that he does not attack you later. 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: 5/20/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    That would be kind of impossible. If your ex provided no contact information to you, it would be impossible for you to give him notice of your intention to leave the state. In an abundance of caution, you would best file an Order to Show Cause seeking permission to leave the state with your children and have it served by mail on your ex-husband's last known address of record in the case, and appear and present your case at the hearing. You would best retain an experienced Family Law to represent you in that matter.
    Answer Applies to: California
    Replied: 5/19/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You should seek a court order allowing you to leave.
    Answer Applies to: Washington
    Replied: 5/19/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    You cannot leave the state - *with your children* - without either express permission from your ex-husband or the court. Since you no longer have your ex's contact information, you will have to get permission from the court. This will require you to seek a modification of the divorce judgment. You should speak to a family law attorney in more detail first to determine if this is the best course of action for you. He or she can also assist you with the process.
    Answer Applies to: Massachusetts
    Replied: 5/19/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Technically yes, but if he isn't in the picture, who is going to object? If you want to do this the proper way, I would file a motion for modification of the order and serve by mail at the last known address the court has on file. If you are in my area and need an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/19/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    I cannot answer that question without seeing the Judgment and asking you several questions. If you need to leave the state, you may need to seek permission from the court because of the odd wording in your judgment.
    Answer Applies to: Oregon
    Replied: 5/19/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    That question doesn't have a clear answer. Under the facts you describe it doesn't appear that your relocation would have any effect on his parenting time access to the child, so logically now that he is gone there should be no justifiable objection to your moving. However, if your divorce papers clearly state that you need his permission, the safest thing to do is file a notice with the Court stating your intent and the fact that you have no way of notifying him to obtain his permission and ask the court to grant permission.
    Answer Applies to: Colorado
    Replied: 5/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You have to obey court orders that are in effect but it appears that you are unable to comply since you do not know where he is. you do not state whether he was under similar orders. If you want to make sure you do not run afoul of the orders you may choose to file a motion to modify the orders and obtain permission to move without notice due to the current circumstances.
    Answer Applies to: Connecticut
    Replied: 5/19/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    If there is time, I would file an Order to Show Cause (OSC), serve him at his last known address and by publication (see the forms for all of the requirements of service when a litigant's whereabouts are unknown), and move for sole legal and physical custody. You might even be able to move to terminate his parental rights if he stays out of the picture and has no contact with your child/children for over a year. If there is no time to do so prior to your trip out of state, given that you have no practical way to contact him to request his permission, I would certainly not let that fact prevent you from traveling. If you are moving permanently, I would definitely file. You might have a Stipulation in place that requires you to provide forty-five days written notice prior to moving with the child/children.
    Answer Applies to: California
    Replied: 5/19/2011
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