QUESTION
Can I move out of state without filing a motion?
Asked on Feb 12th, 2014 on Child Custody - Idaho
More details to this question:
For the last 7 years, I have had sole legal custody of my son and full physical placement. There is no visitation order for my son's father and he has never had one, and no where in my documents does it say I need to tell the court if I intend to leave the state. So are we able to move to a different state without filing a motion to do so?
5 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Yes but you must notify him and the court of your new address.
Answered on Feb 17th, 2014 at 3:49 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If you have a final judgment that does not require any notice of the move, and the father has no visitation rights, then I believe you can move. If you only have a temporary or pendite lite order and there is no judgment, then Automatic Statutory restraining orders may still apply and you cannot remove the child from the State of California.
Answered on Feb 17th, 2014 at 3:48 PM
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 Washington parenting plan, it has a section on relocation which outlines what you must do. If your order is from another state, but you live in Washington, you need to look up the relocation statute and follow it by giving notice of your intent to relocate.
Answered on Feb 17th, 2014 at 3:48 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Read your Judgment and any subsequent orders carefully. If there is no prohibition against moving and requirement that you give notice before a move, then you are free to do so.
Answered on Feb 17th, 2014 at 3:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Since dad doesn't seem to care, who is going to object. Only if dad files a motion to have you bring the kid back will it become an issue.
Answered on Feb 17th, 2014 at 3:48 PM