QUESTION

Can I relocate my kid to another state legally?

Asked on Sep 24th, 2013 on Child Custody - Texas
More details to this question:
Female with 3 small children, separated, husband left. No home. Wanting to relocate out of state so parents can help with housing and child care. No custody determination has been sought. Mother has had sole custody of children since separation. Father pretty much dead beat. Can she move without fear of legal action?
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4 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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From a practical point of view, sure. Dad doesn't care and won't want to spend the money. Legally, if he wanted, he could file a petition in your present state to keep the children there. So, when you move, as soon as six months elapse, file for custody in your new state. And ask for a bundle of child support.
Answered on Sep 25th, 2013 at 3:38 PM

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Yes as their has not been a custody determination and I am assuming now order for Dad's visitation rights yet either.
Answered on Sep 25th, 2013 at 3:38 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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There is both illegal and moral component to this question. Legally: - if no divorce action has been filed; - there are no other orders in place from a court that bar you from moving out of state or that bar you from having custody of the children; - the parents are separated; and - you need to move for the sake of providing you and/or your children the home or other necessities of life, then you can move without fear of violating any laws. If, however, you have no need to relocate out-of-state and want to move out of state simply to separate the children from their father (i.e., alienating the children from their father) and/or to obtain leverage over the child custody award, you are on shakier legal ground and morally you don't have a leg to stand on. Courts do take into account the motives of parents who move out of state for apparently no good reason. Candidly, many courts take a "possession is 9/10 of the law" approach to child custody, meaning that if a parent moves out-of-state and stays there for a good long time before child custody is awarded, the court will often favor the relocated parent as a pragmatic matter, even if the court acknowledges that the relocation was made in bad faith. But I am starting to notice a change in Utah policy. Courts find a parent relocated for self-serving reasons are often losing custody to the innocent parent who didn't relocate. Do what is right (what is *right*, not what's "right" for *you). *Let the consequence follow.
Answered on Sep 25th, 2013 at 3:37 PM

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If there are court orders related to the kids, read the order. There may be a residence restriction in the order and, if so, you should ask the court for permission to move or get written approval from your ex to do so. If there is no residence restriction in the order, you do not need court approval to move but the order probably requires that you give notice to the court and your ex of your intent to do so. I suggest you hire a lawyer.
Answered on Sep 25th, 2013 at 10:29 AM

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