How can I live with my children in a different state? 21 Answers as of May 16, 2011

I am divorced and I have full physical custody of my children and share joint legal custody with my ex. I want to move out of state to be with family and the cost of living where I live is too high. I have talked to him about this and he refuses to let me do this. My children also want to move to my hometown so that they can be with their relatives. They really dont have any relatives where we live and I have none. Please tell me what I can do.

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Does the father have visitation with the children? Parents do not let their children make important decision. How old are your children? They value more the relatives in another town then their father?? Get an attorney and go over all the facts and talk about it. Ask Dad if he would like to move also so he can be near the children and participate in raising them.
Answer Applies to: California
Replied: 5/16/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
In Minnesota, you must have consent of the other parent or a court order to relocate out of state with minor children. If a court must rule on the issue, it makes its determination based on what it believes is in the child's best interests.
Answer Applies to: Minnesota
Replied: 5/12/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You need to provide written notice of the move, then file a motion with the court to modify visitation because of the move.
Answer Applies to: California
Replied: 5/11/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
See your divorce order. You may be able to move following written notice to the other party, if they fail to object. If they object, then you must convince the court that it is in the children's best interest. Stay well.
Answer Applies to: Alabama
Replied: 5/11/2011
Berner Law Group, PLLC
Berner Law Group, PLLC | Jack Berner
You must follow the process set forth in the relocation statute. If you live in Western Washington, please feel free to call my office to set up a free, no obligation consultation-in person or by phone-with an experienced custody attorney about your case.
Answer Applies to: Washington
Replied: 5/11/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    We need to make an application to the court for a Order allowing you to move with the children. This is a very complex area of the law, and it is very important that you win the issue, because if you do not, the consequence will be that the father will obtain physical custody if YOU choose to move. We have plenty of experience to help you obtain this goal, telephone me now to get started.
    Answer Applies to: California
    Replied: 5/11/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Follow the notice requirements in your parenting plan about relocation.
    Answer Applies to: Washington
    Replied: 5/11/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The starting point for your question is the parenting plan adopted by the Court in connection with your divorce. Unless that plan specifically authorizes you to move without the father's consent or a court order, you will need to obtain approval from him or the court. The court will make its decision based on the overall best interests of the child, including whether or not the relocation will unreasonably damage the father's relationship with the child and whether a parenting time plan can be modified to preserve a healthy relationship with the father.
    Answer Applies to: Colorado
    Replied: 5/11/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You will have to move to modify the divorce judgment so you can relocate. There is a body of law on this particular issue that will be followed. Here is some information. http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/ParentalRelocation.PDF
    Answer Applies to: Connecticut
    Replied: 5/11/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    You can request the Judge allow your move by court Order. You will need to show that the children's best interests will be served and this move will not damage their relationship with their father. You will want to address this issue with e court much differently than you have in the online question. You state the kids have no relatives here. When in fact, they have their father hear. Do not underestimate his importance to the children's well being. The process is very complex and the law is much more complicated than I have stated here. You should get an attorney to help you with this process to give you a better chance of success.
    Answer Applies to: California
    Replied: 5/11/2011
    Keri Burnstein, P.C.
    Keri Burnstein, P.C. | Keri Burnstein
    You must file a motion for change of domicile with the Court. You must prove that the move is in your children's best interest. I recommend hiring a family law attorney to prepare and argue the motion for you. Good luck!
    Answer Applies to: Michigan
    Replied: 5/11/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If your order states that you need permission of the court or agreement of the other party to move, then you will need to obtain permission from the court. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/11/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    If you can not get their father to agree, then you file a motion asking the Judge to decide that you have a good reason to move with the kids, and giving you permission. 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: 5/11/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If your ex-husband won't agree, your only realistic option would be to retain an experienced Family Law Attorney to file a Move-Away OSC, and submit your request and supporting evidence to the Court. Move-aways are difficult cases, so you would likely have little chance of prevailing without hiring an attorney to handle your case.
    Answer Applies to: California
    Replied: 5/10/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    If your parenting plan is from Washington (though it sounds like it is not), you would need to send the other parent a Notice of Intent to Relocate with a proposed new parenting plan. He would then have 30 days to decide whether to contest the relocation and/or the parenting plan.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    This is a "move away" issue. Meaning, if the other parent doesn't consent to moving the children out of state, you will need to file a custody modification motion requesting a court order allowing the move-away. Call a local family law lawyer to set up an in person consult to go over all the facts and to develop your position requesting the move-away orders. Good luck!
    Answer Applies to: California
    Replied: 5/10/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    You'll have to convince the court that it is in the best interest of the children to make the move. This can be a complicated task where a variety of factors will play a part in the courts ultimate decision. It is best to consult a local family law attorney especially since father is so adamantly opposed to the move.
    Answer Applies to: California
    Replied: 5/10/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, you have to provide your ex-husband with notice of your move. There are many factors that some into play to determine whether or not the move will be allowed.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    In Michigan, if you are moving over 100 miles away you must file a motion with the court for a change in domicile for the children. There are several factors that the court will review when determining whether to grant the request.
    Answer Applies to: Michigan
    Replied: 5/10/2011
    Hale Law Group
    Hale Law Group | Joshua D. Hale
    You would need to file a move-away. You can do this with an attorney pretty easily, depending on how hard your ex-spouse fights.
    Answer Applies to: California
    Replied: 5/10/2011
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