QUESTION
Can I move out of state without asking the other parent?
Asked on Aug 20th, 2013 on Child Custody - Texas
More details to this question:
I want to move to Kansas. I have full custody of my son and his dad has nothing to do with him let alone want anything to do with him. Do I have to have his permission to move to Kansas? Even if he does not ever see him, he even wants to sign his rights over so he wants nothing to do with my son anyways.
7 ANSWERS
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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It is suggested that you file a petition for custody and relocation on consent from him. Have a lawyer preferably. If you do, it should be swift and permanent.
Answered on Aug 22nd, 2013 at 10:06 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you have a parenting plan, you must abide by the relocation statute which is summarized in the plan. If no parenting plan was ever entered then you are free to move.
Answered on Aug 22nd, 2013 at 10:05 AM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Rockhill Pinnick LLP
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A specific notice has to be sent out to the other party. If he will state ahead of time that he agrees, this would be easy to accomplish.
Answered on Aug 22nd, 2013 at 9:58 AM
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If paternity/custody/support have been established you MUST get written permission of other parent or a court order to move out of state. If no Order has been made, you are free to move. If dad truly does not want to be involved, have him sign a notarized statement granting permission.
Answered on Aug 21st, 2013 at 11:51 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In South Carolina, that would depend on the terms of your current Court Order. If it does not speak to it, you could possibly be OK initially with moving away. However, if you move away without giving any notice to the other parent, then the other parent would likely file an action to modify custody which would possibly, at least on a temporary basis, force you to have to move back to the area with the child and/or allow the child to move back to the area. I do hereby clearly advise against any reliance on this information as advice or the application of it to a specific situation without a more thorough consultation with counsel.
Answered on Aug 21st, 2013 at 11:03 AM
Dennis P. Mikko
What permissions you would have to obtain would depend on the existing order and the laws of your state. Generally, the Court would require that you seek their permission prior to the move. You should consult an attorney that can review the documents and provide you with more solid advise.
Answered on Aug 21st, 2013 at 11:03 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Read the order - if there is a residence restriction, you need permission of the court to move. If there is no restriction, you probably still have an obligation to notify the court and the other parent. I suggest you hire a lawyer.
Answered on Aug 21st, 2013 at 11:02 AM