Would I be able to move out of state without my child's fathers permission? 28 Answers as of July 05, 2013

My child's father and I have joint custody over our child. Being that I am the custodial parent, would I be able to move out of state without his permission?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
If you have custody papers, the Court Orders decide the answer to your question. You need to read them. In Texas, there is a presumption in favor of a geographical restriction, so it is highly likely you cannot move without his permission or the permission of the court. However, you have to read your custody papers to determine the answer at this time. Finally, please note, the Court can restrict the children's residence, not yours. You are free to move, even if there is a geographic restriction, but you cannot take the kids with you.
Answer Applies to: Texas
Replied: 11/14/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
The answer to your question is or should be answered in the court order establishing the custody/parenting responsibilities rules. If it isn't, you probably need to get permission from the court.
Answer Applies to: Colorado
Replied: 11/14/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
You state that you are the "custodial parent." Does this mean that you have entered a parenting plan? If you have, then, the Washington relocation act will apply. This act puts limits on your ability to move with the children. It also lays out a procedure that you are supposed to follow if you want to move. As a practical matter, what this means is that you are probably either going to have to get the father's permission or follow the relocation act procedure to get the court's permission.
Answer Applies to: Washington
Replied: 11/14/2011
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
If you currently have joint custody over the children, with specified days and times that the father has to spend time with the child, and moving out of state will make it impossible for him to be able to continue to see the child on these dates and times, then you would be in violation of the current child custody agreement by moving out of state. The best course of action you have is to apply in Family Court for either full custody or to modify the agreement so that you will be able to move out of state without violating the agreement.
Answer Applies to: New York
Replied: 11/14/2011
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
Depends what your court papers/orders say. Usually you are required to give notice to him and the court, if he objects to the court the court will schedule something. If he doesn't respond, you are free to go. If you go without following the court order, the court can hold you in contempt and require the return of the child (though the return of the child is rare, it does happen).
Answer Applies to: Wisconsin
Replied: 11/14/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    If you have joint custody (now called shared parenting in Ohio), you are both custodial parents. You will have to see if your plan prohibits you moving out of state without his permission or a court order. Most plans require that. If not, you still have to notify him you are moving, and he could then file for custody due to that.
    Answer Applies to: Ohio
    Replied: 11/14/2011
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    If joint custody was established by a court order, you may be violating the order my moving out of state without his permission. If the move interferes with his ability to exercise his visitation, he may be able to file contempt charges against you. You will need to review your court order to determine what you can and cannot do.
    Answer Applies to: Georgia
    Replied: 11/14/2011
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    No, you must provide him 30 days written notice by registered mail. If he files an objection in court then the judge will have to decide where the child should live.
    Answer Applies to: Kansas
    Replied: 11/14/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You need either his consent or a court order permitting same.
    Answer Applies to: New Jersey
    Replied: 11/14/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    If a court order was entered granting you and the Father timesharing or custody with the child, you cannot move more than 150 miles from the Father without his agreement or a court order authorizing the move. Violating this law can get you into trouble, so you should consult with an attorney in your area regarding the move you are considering and the possible outcomes.
    Answer Applies to: Wisconsin
    Replied: 11/14/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If you have a court order establishing a parenting relationship between father and child, you should return to court to modify the arrangement so you do not risk father filing a motion demanding the child's return to California.
    Answer Applies to: California
    Replied: 11/14/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Without permission - yes. Without notice: NO. State law requires that you notify the domestic relations or juvenile court of your intent to move thirty days out. You must also notify the father of your intent to move no leaving in the middle of the night without notice. Yes, the father may object, and may get an order preventing your from leaving. You still have to tell the Court and the father.
    Answer Applies to: Ohio
    Replied: 11/11/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    In Washington state, if you seek to change the residence of the child, you must follow the requirements of the Relocation of Children Act, RCW 26.09.405 to .480. Your existing Parenting Plan probably contains a summary of this statute in section 3.13 of your court order.
    Answer Applies to: Washington
    Replied: 11/11/2011
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    Check your Court Orders for the child. Usually, you can not move out of state without the father's written permission or an Order of the Court.
    Answer Applies to: Colorado
    Replied: 11/11/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That depends on (1) the wording of the custody order and (2) what state you are in.
    Answer Applies to: Georgia
    Replied: 7/3/2013
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Since you have joint custody, you will need permission from the father or the court. If the father is not willing to give permission, you will have to file an action in Family Court. I would recommend hiring an attorney to help with this case because it can be difficult on your own. If you cannot afford to hire an attorney, the Family Court has a Self-Help Center that can assist you with filling out the forms to get you started.
    Answer Applies to: Nevada
    Replied: 11/11/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    That depends. The law is very gray in this area. The court looks at several factors, some being: hardship on the parent, emotional and physical well-being of the child, time the other parent spends with the child, distance away, etc. The father can certainly fight it if he desires to be near his child.
    Answer Applies to: New York
    Replied: 11/11/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You must get the Court's permission.
    Answer Applies to: Michigan
    Replied: 7/3/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A parent 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. The factors the court must consider in determining the child's best interests include, but are not limited to: (1) the nature, quality, extent of involvement, and duration of the child's relationship with the person proposing to relocate and with the nonrelocating person, siblings, and other significant persons in the child's life; (2) the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration special needs of the child; (3) the feasibility of preserving the relationship between the nonrelocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties; (4) the child's preference, taking into consideration the age and maturity of the child; (5) whether there is an established pattern of conduct of the person seeking the relocation either to promote or thwart the relationship of the child and the non relocating person; (6) whether the relocation of the child will enhance the general quality of the life for both the custodial parent seeking the relocation and the child including, but not limited to, financial or emotional benefit or educational opportunity; (7) the reasons of each person for seeking or opposing the relocation; and (8) the effect on the safety and welfare of the child, or of the parent requesting to move the child's residence, of domestic abuse, as defined in section 518B.01.
    Answer Applies to: Minnesota
    Replied: 11/11/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Arizona Revised Statutes section 25-408 governs relocations. You must comply with the terms of this statute with respect to determining whether and how you may be able to relocate. I strongly urge you to speak with an attorney prior to taking any action, since an unlawful relocation may have a significant/detrimental impact regarding your custody/parenting time arrangements.
    Answer Applies to: Arizona
    Replied: 11/11/2011
    Law Office of Andrew E. Teitelman, PC | Andrew E. Teitelman
    Oregon law requires that you provide the other party and the court written notice of your intention to move more than 60 miles away from your residence when custody/parenting time is in issue.
    Answer Applies to: Oregon
    Replied: 11/11/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Your parenting plan will refer you to the statutes you have to follow in order to move.
    Answer Applies to: Washington
    Replied: 7/3/2013
    Goddard Wetherall Wonder, PSC
    Goddard Wetherall Wonder, PSC | Brook Goddard
    There are very strict procedural requirements that must be satisfied prior to any move of the primary residential parent's residence outside of a child's school district (let alone out of state). "Relocations," when disputed, can be very challenging cases, with major ramifications with respect to both parties' ability to comply with the parenting plan, particularly if the move is out of state. Noncompliance of the statutory requirements (if contested by the non-primary parent) can result in sanctions and even transfer of primary parent status from one parent to the other. Accordingly, you need to be very careful to ensure compliance with the notice requirements of the relocations statutes.
    Answer Applies to: Washington
    Replied: 11/11/2011
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