QUESTION

If I have full custody of my daughter and I move out of state can her biological father make me move back?

Asked on Oct 07th, 2014 on Child Custody - Louisiana
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5 ANSWERS

Taxation Attorney serving Charleston, WV at C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: You need to file a notice of relocation with the Family Court and serve on the other parent, 60 days prior to the move.
Answered on Oct 16th, 2014 at 7:32 PM

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He cannot necessarily make you move back, but you will need to get permission from the court. A n out of state move requires you to petition the court under MCR 3.211(C) even when you have sole legal custody.
Answered on Oct 14th, 2014 at 4:00 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It depends on your present parenting time and custody order, and the provisions of any other orders in effect. In Michigan there is commonly a prohibition of moving out of state or more than 100 miles in decrees. I would have to read the orders. In any case I would seek the approval or inform the court of the move before you make the move.
Answered on Oct 14th, 2014 at 4:00 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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You can not move out of state without the approval of the Court. The biological father cannot force you to move back but he can ask that the child or children be returned to this state.
Answered on Oct 14th, 2014 at 4:00 PM

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Before the move you should notify the other parent by certified mail at least 60 days in advance. Include information such as the address of new residence, mailing address, telephone numbers, date of move, reasons for move, and a proposed revised visitation schedule. Let the other parent know that his objection should be filed within thirty days and that legal counsel is recommended. If the other parent agrees to the move, get that included in the court order. Failure to give notice when relocating a child may be a basis for the court ordering the child placed with the other parent.
Answered on Oct 14th, 2014 at 3:59 PM

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