Father of my son doesn't follow thru on his visitation schedule, without full custody, can I move out of state? 8 Answers as of June 27, 2013

My son’s father and I have joint custody and he has a visitation schedule that he doesn't follow. He picks him up whenever he feels like it; I have to force him to spend time with him. I have an opportunity for a more stable home for my son but it's out of state. I really think this change will offer him a better life financially.

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Law Offices of Jill K. Whitbeck
Law Offices of Jill K. Whitbeck | Jill K. Whitbeck
You must have the father's written permission to move or a court order. If you do not have one or the other, you are kidnapping the child. Worse yet, the father can file to have you criminally charged, to be held in civil contempt, and to have the child returned to Nevada to HIS custody leaving you without your child and in a big mess. Better to do things the right way than to risk the big mess. Either get dad's written permission, or file a motion to relocate.
Answer Applies to: Nevada
Replied: 6/27/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
You should petition the Court for permission to relocate out-of-state and to modify the visitation schedule. In NJ, so long as it is not harmful to the child (being removed from where you live and father's visitation is only being restructured because of the move) you can be successful in your request. It is not uncommon for the Court to appoint an attorney for the child, and to have forensic evaluations conducted. It can be a long and drawn out process.
Answer Applies to: New Jersey
Replied: 6/27/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
It is hard to relocate out of state. It is best if you have Father's consent to allow you to relocate the child to another state it in writing and/or you should obtain a court order. This is a complicated issue.
Answer Applies to: Arizona
Replied: 6/27/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You have to look at the orders entered in the case. Generally, they will require both parents to stay near each other to facilitate visitation. In Idaho, you have to prove that it is in the best interest of the child to move. If you can't do that, you can move, but the child stays. If Dad doesn't have room for the child or deals drugs, etc., you might get the court to allow you to leave. Of course, if dad agrees to you moving, then it will be okay. Just get the agreement in writing.
Answer Applies to: Idaho
Replied: 6/27/2013
Law Office of Laurel Stuart-Fink, PLLC
Law Office of Laurel Stuart-Fink, PLLC | Laurel Stuart-Fink
You cannot move the child to another state without the court's permission. This has to be obtained by the filing of a motion for change of domicile. These are not easy motions.
Answer Applies to: Michigan
Replied: 6/27/2013
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    Nebraska is one of the hardest states in the nation to move from if you have a child with another parent who is remaining here. You generally must get either the other parent's permission or the Court's permission PRIOR to moving, or you risk losing primary custody of your child. You need to talk with an attorney about your specific facts and whether you can meet the burden to get the Court's approval to move.
    Answer Applies to: Nebraska
    Replied: 6/27/2013
    Weinpel Law Office, P.C. | Marc Weinpel
    You will have to return to Court first and give him the opportunity to refute your allegations. You should (or should have) kept a journal or calendar of all missed visitation and your efforts to have him be a "dad." Idaho has changed its position on "move" cases very much in the last 5-6 years and you need to be aware of the reasons and justifications for a move.
    Answer Applies to: Idaho
    Replied: 6/27/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Of you have joint custody you need to give the father notice of your intent to move and where and when.
    Answer Applies to: California
    Replied: 6/27/2013
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