QUESTION

Can a non custodial parent move w/o notice to another state? What if a modification is in place for court for parenting time prior to move?

Asked on Jan 28th, 2020 on Child Custody - Utah
More details to this question:
I live in one state the ex lives in another state. I am the custodial parent. There is an open case for modification in parenting time, as well with child support. If the non-custodial parent moves to another state w/o notice during the child support and parenting time modification is it allowed? Do I need to restart the child support in the new state they moved to? How does this effect the parenting time/modification since they have moved to several states/locations in the last few years?
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1 ANSWER

Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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You fail to state which state the pending court action is in, or where the original divorce is. That could have bearing on any answer. Also, I'd need to review the decree and the pending case, if it is in Utah, to really be able to answer your questions. If it is all in Utah, then usually the parent cannot make that move, again depending on your actual orders. Depending on all the facts you have, and the orders, you might be able to file a petition to modify custody in the district court. Not having an attorney is a big mistake in a custody dispute. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests. You need to get with an aggressive family law attorney who has experience with divorce modification, custody changes and difficult cases. I know what these cases are like, having handled a number.   Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.   
Don't wait any longer, give a call and let's getting working to protect your children.
   
David R. Hartwig   

801-486-1715
drhlaw@ix.netcom.com
Answered on Jan 29th, 2020 at 7:51 AM

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