QUESTION
Can I take my son out of the state without the father’s permission since I have full and sole custody?
Asked on Oct 29th, 2012 on Child Custody - Alabama
More details to this question:
He is a fugitive of the law right now. The judge only gave him monitor visitation. What can I do, I need move as soon as possible.
17 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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No.
Answered on May 21st, 2013 at 1:12 AM
You need the permission of the court to move your child's residence out of state, regardless of where the father is or why.? Your motion, however, will most likely be unopposed since he's "on the run. It owuld be a good idea to retain an experienced attorrney to file and argue your motion which must lay out the reasons why the change of domicile will benefit your child (a better job, more family support elsewhere, etc.).
Answered on Nov 02nd, 2012 at 5:19 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You need to look at your court order. Generally, once you've been to court on parenting, the court requires you to get permission to move out of state.
Answered on Nov 02nd, 2012 at 5:18 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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What does your judgment say? Is this to move or to visit someone someplace.
Answered on Nov 02nd, 2012 at 5:17 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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This depends on what the order says about travel and moving. To move to another state it is likely that you need to petition the court for permission.
Answered on Nov 01st, 2012 at 4:21 PM
Dennis P. Mikko
Even if you have sole legal and physical custody, the court's order probably says that you need to seek permission from the court before you move out of state. You will have to fiile a motion with the court asking for permission to move. In your situation, it is most likely the court will grant you permission but you still have to go through the process. To do otherwise could place you in violation of the court's order.
Answered on Nov 01st, 2012 at 4:20 PM
This issue is rather thorny and I cannot answer in a simple manner. Rather, I would advise you to seek counsel in order to safe guard yourself and your son.
Answered on Nov 01st, 2012 at 4:19 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That question depends on the terms of the custody order and the law of the state where the order was issued. The best solution would be to get the court's permission to relocate in advance if at all possible, but the father is obviously not likely to take any action in court to try and stop you. Unless there is a specific prohibition against a relocation in the court order, if you move without permission, it is possible, but not likely, that some time in the near future the court could require you to return the child to someplace in the court's jurisdiction.
Answered on Nov 01st, 2012 at 4:19 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Taking the child out of the state and moving out of the state are two different issues. Before you move, you must inform the court which granted you custody. The court may or may not inform the father depending upon prior orders. Please see a family law attorney for further information BEFORE you move.
Answered on Nov 01st, 2012 at 6:53 AM
There is a statutory process you must follow if you want to relocate with your child out of state. I recommend you consult with an attorney who can discuss this with you in greater detail, since the consequences for failing to follow the right process can be severe.
Answered on Nov 01st, 2012 at 6:48 AM
Yes you can move. Send him notice of your intent to move to his last known address and go.
Answered on Nov 01st, 2012 at 6:44 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you have sole legal and sole physical custody you may be able to move but your orders probably state you have to give him advance notice of the move and an address where you are moving. Check your orders
Answered on Nov 01st, 2012 at 4:16 AM
Michael Paul Vollandt
Be safe and file for a Move Away order. I think the judge will grant it based on what you has stated.
Answered on Nov 01st, 2012 at 4:14 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need a court order to move out of state, or the father's written permission.
Answered on Nov 01st, 2012 at 3:56 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should be granted the right to move but should seek an order granting it. Start the process now.
Answered on Nov 01st, 2012 at 3:34 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Review your judgment, most say you are to give him notice by a certified letter; however, if you can't find him there is no way to do so. I would notify the court of you intention (send a letter) and then move.
Answered on Nov 01st, 2012 at 3:33 AM
If your order was entered in Alabama, you still have to attempt to give him the notice required by the Alabama Parent-Child Relationship Protection Act.
Answered on Nov 01st, 2012 at 3:33 AM