I have sole custody and my ex husband has no visitation rights or custody, can I move out of state? 19 Answers as of June 13, 2013

I have sole custody and my ex husband has no visitation rights or custody, can I move out of state? And do I need to give notice to him or the courts?

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Law Office of Melvin Franke | Melvin Franke
It depends upon what the judgment says.
Answer Applies to: Missouri
Replied: 6/13/2013
Law Offices of Lisa Staight, APLC
Law Offices of Lisa Staight, APLC | Lisa Staight
The answer to this question depends upon what your judgment or other custody order requires. California Family Code section 3024 provides that "the court may specify that a parent shall notify the other parent if the parent plans to change the residence of the child for more than 30 days, unless there is prior written agreement to the removal." If feasible, the notice shall be given at least 45 days before the proposed move. Is your ex-husband in contact with the child? When was the last time he saw the child? If you have a way to contact the child's father, you should give him written notice of your new address, when you are moving. You do not want to be accused of parental kidnapping.
Answer Applies to: California
Replied: 11/8/2012
Langford Law Firm
Langford Law Firm | Theresa Langford
You will have to read your court order. Some orders have geographic restrictions and notice requirements, some do not. If you are confused, retain an attorney for a brief consultation to review your order and advise you. Good luck.
Answer Applies to: Texas
Replied: 11/8/2012
Blough Law Office | Janis L. Blough
Ordinarily the divorce judgment recites that you cannot move the child's residence from the state of MI without the consent of the Court. To get that consent, you have to file a motion showing that the move is in the best interests of the child and you have to serve a copy on the ex.
Answer Applies to: Michigan
Replied: 11/8/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
Your court order probably has a provision requiring you to seek permission of the court before moving out of state. Even though you have sole custody, you would still have to seek permission from the court. Under the facts presented, such a request is more of a formality but one that must be done.
Answer Applies to: Michigan
Replied: 11/8/2012
    Victor Varga | Victor Varga
    Yes.
    Answer Applies to: Maryland
    Replied: 5/28/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If there is no court-ordered parenting time, then the advance notice provisions of 25-408 do not apply to your situation; however, that does not mean that he cannot try to object tot he relocation on the grounds that it is not "in the best interests of the children," I recommend that you consult with an attorney who can discuss this with you in greater detail so you can make an informed decision.
    Answer Applies to: Arizona
    Replied: 11/7/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    In Alabama, you must give notice before moving, otherwise, yes
    Answer Applies to: Alabama
    Replied: 11/7/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    In Florida you have to comply with the relocation statute. Get an attorney. The ex's written permission or a court order is required.
    Answer Applies to: Florida
    Replied: 11/7/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Check your orders. Typically you have to give notice ahead of time. If not you can move.
    Answer Applies to: California
    Replied: 11/6/2012
    Hamblin Law Office | Sally Hamblin
    Read your court order. Generally, you must get permission from the court. With no visitation rights for whatever reason, chances are you do not. Look at your order. Do you get support. If so, notification is necessary with Friend of Court.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That depends on the state you live in and what your court order says and you failed to tell us either.
    Answer Applies to: Georgia
    Replied: 11/6/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Sole custody gives you the right to move. Since he has no visitation you can't be accused of interfering with his visitation.
    Answer Applies to: California
    Replied: 11/6/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    In Michigan you will need to petition the court but should, under the circumstances, be allowed to make your desired move.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    Read your order. Some judges include move away language.
    Answer Applies to: California
    Replied: 11/6/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If your orders require you to give notice, then you must. If you have sole legal custody and he has no visitation, I would still advice you to give notice.
    Answer Applies to: California
    Replied: 11/6/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You can probably move, but the final answer depends on the specific language of the custody order and any specific law of the state where the custody order was issued. You ought to consult a lawyer who can review all the relevant information and give you a more definitive answer.
    Answer Applies to: Colorado
    Replied: 11/6/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    It depends on what your judgment says about that issue Some are specific about that type of situation. If not your request will likely be granted.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You need to send him notice...certified mail...and to the court. If he doesn't object in writing, you are free to go.
    Answer Applies to: Wisconsin
    Replied: 11/6/2012
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