QUESTION

Do I need my ex's permission to move?

Asked on Jun 18th, 2013 on Child Custody - New Mexico
More details to this question:
I have custody and my ex gave me 100% decision making. He hasn't followed the parenting plan at all in the 19 months itโ€™s been established. He doesn't make much attempt to be in their lives even though he has always known where they have always lived.
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8 ANSWERS

The short answer is yes, you do need either his agreement or an order from the court. You should consult with an experienced family law attorney to discuss the proper procedures to follow.
Answered on Jun 20th, 2013 at 10:08 AM

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In Nevada yes. You have to get your ex's permission or the permission of the court.
Answered on Jun 19th, 2013 at 4:33 PM

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What type of move are you talking about and what does your custody/parenting order say? Most orders provide that a parent cannot move out of state without a court order - even if that parent has sole physical custody and sole legal custody. If there is shared custody (at least as spelled out in a court order), whether physical or legal, you also need a court order to move more than 100 miles, unless your ex agrees to the move. So, you will likely need to file a motion requesting permission, unless your move is somewhere in Michigan and less than 100 miles from your current residence.
Answered on Jun 19th, 2013 at 4:33 PM

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Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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Yes, you must have his written consent to relocate or you must bring a motion to the court to get a court order. If you move without consent or a court order, your ex can file a motion at any time to force the children back to Nevada (to his custody) and to have you held in contempt. The risk is very high, and not worth it. You should also have a "plan B" visitation schedule determined for when you move, and included in either his written consent to relocate or in your motion to relocate. Moving without having a new visitation schedule creates a lot of problems, as your prior court order stands even though you are now in two different states. If you cannot get his written consent to relocate, you need to go see an attorney, as relocation motions are technically tricky.
Answered on Jun 19th, 2013 at 4:33 PM

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Read the existing order - it either contains a residence restriction or it does not. I suggest you hire a lawyer.
Answered on Jun 19th, 2013 at 9:24 AM

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You should give him 45 days written notice of your intent to move and where.
Answered on Jun 19th, 2013 at 9:20 AM

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There is no requirement or burden of application placed upon a residential custodial parent who desires to move, with the child, from one location within New Jersey to another; however, a custodial parent is not permitted to relocate outside of New Jersey with a child absent the consent of the noncustodial parent or a court order granting permission.
Answered on Jun 19th, 2013 at 9:20 AM

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Children Law Attorney serving Albuquerque, NM at Law Office of Jay R. Mueller
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As a general rule, you must let the other parent know that you intend to move out of state and take the child. New Mexico presupposes that children shouldn't be relocated without good reason. There are five factors the Courts look at when determining whether children should be allowed to relocate. Some of these factors are the custodial parent's job, schools, ability to visit New Mexico, etc. The gist is that you must demonstrate that the relocation is in the best interests of the child. Hope this helps.
Answered on Jun 19th, 2013 at 9:20 AM

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