Can I take my child to another state without the father's permission?

Question

I have full residential and legal custody of my almost 2 year old son.  His father has supervised visitation at my discretion, which he has yet to follow through with asking for and setting a visit.  He doesn't pay his portion of child care and only makes small payments towards child support, just enough to keep the state off his back.  He doesn't keep jobs. He is living with his mom and she supports him.  I want to move out of state. Am I able to do so without his permission?  What is the process in doing so?

Gregory Crain · Answer

No.

John Kirchner · Answer

The first source for an answer to your question should be in the custody order and parenting plan.  Generally, in Colorado unless the court ordered plan specifically allows you to relocate, you need to get either the court's permission or the father's consent before you leave.  Permission will probably be granted even if father objects, but a new parenting plan modifying the father's parenting time rights will probably be needed.

Melvin Franke · Answer

Hire an experienced divorce attorney so you can properly follow the statute of changing residence.

Suzanne H. Lombardi · Answer

In Alaska in order to move out of state with your son you would need to have the court know that you were leaving by filing a modification for custody.  An attorney can guide you through this process so that it is less costly and time consuming for you.

Cathy Cook · Answer

It sounds as though you have been to court for the determination of his parenting time. If so, your court order probably states that you cannot leave the state without his agreement or the court's permission.   You should review your paperwork, and speak to a local attorney about the process.

Leonard A. Kaanta · Answer

You must get permission from the court to move to another state.

Violet Nwokoye · Answer

If you have a court order, it mostly contain answers you may have, if it a Texas order you will usually have a residency restriction which will require an order modification to move to a different county or State.

Leonard Schwartz · Answer

In New Jersey you need to file an application with the Court requesting permission to move out of state.

Steven Alpers · Answer

If you are moving you have to give him notice before the move, so he has a chance to object in court. The notice must be in writing, and if you send it by mail send it restricted so he has to sign for the letter with a return receipt so you can prove he had at least 45 days notice.

Cale Plamann · Answer

You cannot leave the state without notifying the court and the father   at least 60 days in advance.  Even if you do notify them in time, the   father has the right to challenge your attempts to leave the state.

James Lentz · Answer

Pursuant to Ohio Revised Code Section 3109.051(G), you must notify the court of your intent to move.  And unless the current order of the court prevents said notice from being delivered to the child's father, the court will send him a copy. I would encourage you to, take a session with a Family Law practitioner to discuss your concerns.

Jane Ginsburg · Answer

Need to know exactly what the current order states.

Michael Yeksavich · Answer

Under Oklahoma law there is suppose to be notice before you move.  Confer with  your lawyer.

Mindy Bish · Answer

If there is an order that allows for any visitation by father than you will need to change the order to be able to take your child out of state.  In order to obtain a Court order you will need to file an OSC asking for change in the visitation.

Dean Esposito · Answer

If you have sole custody, you can simply move. If you have joint custody, you have to comply with the child relocation statutes and send notice pursuant to these statutes prior to moving. He will have to file an objection. If he does not, you can move. If he does file an objection, then you will have to try the case And obtain court authority in order to move.

Gary Russell · Answer

If you have sole legal custody, then legally speaking you can move the child without the father's or the court's permission.  

However, you need to review your court papers closely, sometimes the court awards sole legal custody, but still states that you cannot move more then 100 miles or out of state without leave of the court.  If it is unclear, you can do 1 of 3 things:   

1.    Consult and attorney directly (most recommended); 

2.    Move, especially if you don't believe the father will take any action with the court; or 

3.    Petition the court for verification that you can move without permission.

John Rivers · Answer

If there is nothing in your divorce decree dealing with this issue, in most cases you should not be required to obtain anyone's permission to move out of state. Generally, there is no presumption that moving out of state creates a presumption that custody/visitation should be modified.

Tajara Dommershausen · Answer

Follow your paternity decree.  Normally it indicates that you must give notice to both him and the court.  He then has a certain amount of time to object.  If he doesn't, you can go.  If he does, the court determines if the child can leave (which is usually yes if he has only supervised visits that he isn't using).

Barbara A. Fontaine · Answer

The best thing to do is file a Motion in Family Court for permission to move. Bring up the lack of steady child support and frequency of visits. Should not be a problem.

Daniel B. Rubanowitz · Answer

In your case, there are likely Automatic Temporary Restraining Orders ("ATROS") in effect which prevent the parties from doing many things, including removing the child(ren) from California without the permission of the other parent or a Court Order.  As such, I would error on the side of caution and urge you to not take your child out of State at this time.  It is difficult to give proper advice without knowing more facts.  You should consult with a Family Law Attorney.  Good luck.

Harry Roth · Answer

You may do so under the circumstances. Give him 45 days written notice of your intent to move and file a copy of the notice with the court.

If he does not obtain a court order barring you from moving, then go ahead and move. Unless the court has ordered that you may keep your address secret, you must provide him with the address where you will live. If you don't know yet, then tell him immediately once you move.

Dennis P. Mikko · Answer

Since you have full legal and physical custody, you will not need his permission to move.  However, the court order may require you to seek the permission of the court prior to moving out of state.  If this is true, you would have to file a motion with the court seeking court permission to move out of state.  

Your co-parent would have to be given notice of the proceeding but he could not block the move.  This is more of a formality than anything else but something that has to be done if you want to make sure the move does not cause other problems.

Tres Porter · Answer

It depends upon what is on the Order for custody and visitation.  Most Orders have a requirement, towards the end of the document indicating that neither parent is allowed to change what county the child lives in without the written consent of the other parent or Order of the Court.  If your Order has such language then you will likely need to file for a "move away" Order.

Horace D. Cotton · Answer

You will need to file a motion for change of domicile and obtain the permission of the Court to move the child out of the State of Michigan.

Sheryl Graf · Answer

You need to file a "Request for Order" form asking to "move-away" and get the court's permission to relocate your child to another state.  You need to tell the court what specific county you wish to relocate to as the court is required to make specific findings regarding the county and state your child will be in.  This information is general in nature and should not be construed to constitute specific legal advice nor to create an attorney/client relationship.

Jon Buchholdt · Answer

You must ask the court to modify your custody order to adjust his visitation rights.   You can do this from your new home in the state to which you are moving.  You should tell him you are moving, though, and that you will be asking the court for the visitation modification.

Monica H. Donaldson Stewart · Answer

I recommend you speak with an attorney to discuss this situation in greater detail. There is a statute controlling relocation and you will need to obtain advice about whether and how the statute applies to the circumstances of your case.

Eric Smith · Answer

If you have no geographic restrictions in your current order, you can move without being in violation of that order. However, the father can file a motion to modify and seek to place reasonable geographic restrictions on you and you may be forced to move back if he does so and succeeds. Visitation and payment of support are mutually exclusive rights and responsibilities, so his difficulties with support will not be directly relevant.

Glenn Tanner · Answer

The child support issues are irrelevant. If you have a Washington State parenting plan you have to follow the relocation statutes which require notice. I don't know about other states.

Theodora B. Fader · Answer

You would need to file a motion for a change of domicile.

Timothy Byrne · Answer

Read over your Divorce or Custody Order. If it does not cover the issue then enjoy your trip. That document spells out custody and restrictions if any.

Lenore Tsakanikas · Answer

You need to consult with an attorney. It depends on what your current order says. The Arizona relocation statute may or may not apply, depending on the order in effect regarding the Father's parenting time. Good luck.

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