QUESTION
I have primary physical custody and joint legal custody; do I need permission each time I move?
Asked on Sep 03rd, 2012 on Child Custody - Mississippi
More details to this question:
I was given permission by the courts to move out of state. I moved from MA to FL. My son still has his visitation for a month at a time with his father. I recently (last minute) accepted a travel position that had me relocate to CA for 12 weeks. I did not notify his father until I had an address here. What legal problems can I face? What should I do?
10 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, if this is a Missouri case, you could lose custody.
Answered on May 28th, 2013 at 8:57 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The starting point for your question is what the existing court order says. In all probability there is a requirement for you to notify the father and determine whether or not there needs to be a modification of the visitation plan. Since you don't say where father is, it isn't obvious whether you being in CA will make it any harder for father than you being in FL, but that could result in much more expensive cost of travel.
Answered on Sep 07th, 2012 at 3:39 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You should have told him before. Let him know where you moved and why you moved. It is possible under CA law to be charged with child stealing, but only if done to deny him custody or visitation. You should have notified him before. If you can give him his regular visit that may work out without issue, but I cannot guarantee anything since I do not know FL law.
Answered on Sep 07th, 2012 at 3:39 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You have to review your court orders. Generally, you need an agreement with the father or a court order to move to another state.
Answered on Sep 07th, 2012 at 3:38 PM
Dennis P. Mikko
If you are going to change the domicile of the minor child from one state to another you would need permission from the court to do so unless your co-parent agrees to the move. In your case, is it your intent to move to California or are you just there for a 12 week period with your permanent address in Florida? If you are going to remain a resident of Florida, an argument could be made that you have not changed domicile. However, since it sounds like you may have a good relationship with your co-parent, you may want to obtain a stipulation from him allowing the temporary move. Once signed by all parties it would be sent to the Court for the judge's signature and filing.
Answered on Sep 07th, 2012 at 3:38 PM
In Michigan, you generally have to seek permission from the court to move a child anywhere outside of 150 miles from the city in which the custody order is filed. So, in this circumstance, you would need to get a court order approving the move otherwise you could be in violation. Depending on how far the noncustodial parent and the prosecutor's office wants to take it, there could be kidnapping issues as well. Possible consequences could include civil and/or criminal contempt, depending on the seriousness of the violation and other factors.
Answered on Sep 07th, 2012 at 3:37 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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If California is only a temporary work assignment and you maintain your permanent residence in Florida, you do not have to give Notice of Intent to Relocate under the Washington statute.
Answered on Sep 07th, 2012 at 3:36 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You should have obtained permission from the court or executed an agreement for you to move to a different state, however if the visitation arrangement is unaffected, there should be no problems.
Answered on Sep 07th, 2012 at 3:36 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Read your custody and visitation order to see if that provision is enumerated.
Answered on Sep 07th, 2012 at 3:35 PM
Dave Hawkins
If you currently live in Wa. and there is a custody order in place, you must comply with the relocation statute before you move.
Answered on Sep 07th, 2012 at 3:35 PM