Will I be able to move out of state if I am granted child custody? 18 Answers as of April 26, 2011

If I file and am granted full custody of my children, am I able to move out of state and can father file again for custody?

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Whether or not you may move out of state should be addressed in the custody judgment. If the father does not want you to remove the children from the state, he can file paperwork to have the court prohibit your move.
Answer Applies to: Oregon
Replied: 4/26/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
In Alabama, the non-custodial parent may object, as generally the order of divorce requires the moving parent to give the other 45 days advance written notice of moving and contact information. If the non-custodial parent doesn't object, you have no problem. If the non-custodial parent objects, then you must have a hearing. The moving parent's motive for the move will be examined. I could see a court saying, "no," if it were admittedly a move made to spite the other parent. However, if the move is for work or legitimate reasons, I can't imagine a court sustaining the objection. Stay well.
Answer Applies to: Alabama
Replied: 4/19/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
That depends entirely on the facts of your case and whether or not moving the child will unreasonably deny the child a continued relationship with the father. If you and the father do not agree, the question is primarily one of what is in the child's best interest. If you are definitely planning to move after the final disposition of the divorce case, the question of whether you are permitted to relocate should be answered initially as part of the agreement or court rulings allocating parental responsibilities. The parenting plan should say you can or you cannot relocate or who will decide. You need to keep in mind that if you are planning to move and keep that a secret so you don't have to deal with it now and get an answer now, that could improve the chances that a judge would prohibit you from moving or require you to return if you move before telling the father.
Answer Applies to: Colorado
Replied: 4/19/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Under Minnesota law, a parent, even one with primary custody, cannot relocate of the state with a minor child unless that parent has: (1) Consent of the other parent, if that parent has been given parenting time by an order or decree; or (2) An order of the court allowing the relocation.

As a result, it is incumbent upon the parent seeking to relocate out of state to file a Motion and acquire and order allowing that relocation before doing so. A failure to follow this procedure creates a grave risk that dissenting parent may seek an ex parte order changing custody immediately pending a hearing on the issue.

If the matter proceeds to Court, the Judge may not allow the relocation if it is demonstrated that the purpose of the move is to interfere with parenting time given to the other parent by the decree. In the past when determining whether to allow a parent to relocate with the child, there was a presumption in favor of maintaining the present custodial arrangement. In other words, the custodial parent had the advantage and a presumption in his/her favor which often ended up with the court allowing the relocation.
Answer Applies to: Minnesota
Replied: 4/19/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you can move and yes he can file to stop you, then the court decides the issue.
Answer Applies to: California
Replied: 4/19/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If you plan to move out of state you need to inform your attorney of this and she can file a motion at the same time she files your custody petition.
    Answer Applies to: Illinois
    Replied: 4/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    He can object to the relocation. There are certain factors that are considered in relocation cases. Please contact us if you wish to discuss further.
    Answer Applies to: Connecticut
    Replied: 4/19/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    If you have sole legal and physical custody, you can move out of state, though you might have to provide forty-five (45) days notice to the other party, in writing. Look at your Court Orders, Minute Order, Stipulated Judgment or Findings and Order After Hearing.
    Answer Applies to: California
    Replied: 4/18/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    "Custody" means almost nothing in Washington family law. When you divorce,there will be a parenting plan. If you are the primary caretaker, there will be a setof procedures you have to do anytime you move the child from her school district. The primary caretaker has the presumption of being able to move. Upon giving notice and proposing a new parenting plan, the father can object and try to stop you and propose his own plan.The court is required at thatpoint to consider about 10 factors, most of which end up favoring the moving party,to see if the presumption is rebutted. So, if you are the primary caretaker, probably you will be able to move butyou should consult with an experienced familylaw attorney to seehow your particular facts stack up.The better the reason for moving, the higher your chances of being able togo.Before you proceed at all, you should consider a collaborative style divorce. Good luck.
    Answer Applies to: Washington
    Replied: 4/18/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Not necessarily. Even if you are granted custody of the children, if you want to move out of state with the children, the father may file an Order to Show Cause seeking to prevent your removal of the children from the state, claiming detriment to the children, or in the alternative, you should file an Order to Show Cause seeking the Court's permission to move out of the state with the children. If you move without giving the father the opportunity to be heard on the issue, youmight risk suffering adverse legal consequences from the move.
    Answer Applies to: California
    Replied: 4/17/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You will be allowed to move out of state with the child if you have a good reason to do so, and so long as it does not cause serious harm to the child. This is only just a general statement, and I would need to talk to you in detail to give you any advice about your situation. I have handled many of these, and can help you. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 4/18/2011
    Owings Law Firm
    Owings Law Firm | Tammy B. Gattis
    Judge will let you move but you should never move without either written agreement from dad or court permission.
    Answer Applies to: Arkansas
    Replied: 4/17/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    That is up to the Judge. You will not be allowed to move the child out of state without a court Order or Dad's permission.
    Answer Applies to: California
    Replied: 4/18/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Unfortunately, you still cannot move your child out of state without express permission from the Family Court (or your husband). If you obtain sole physical and legal custody, it will be somewhat easier get that "permission." This will require the filing of a Petition for Removal in the Family Court. Having an experienced family law attorney to represent in your current custody case will greatly increase your chances of getting permission to remove your child in the future. For more information on this topic, you can read a recent article of mine on my website. I hope you find this information helpful.
    Answer Applies to: Massachusetts
    Replied: 4/18/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    The court has to grant permission for you to move.

    Questions? Call me.
    Answer Applies to: Massachusetts
    Replied: 4/17/2011
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