QUESTION
If I was never married but have kids can I move out of the state?
Asked on Oct 17th, 2013 on Child Custody - Utah
More details to this question:
Can I move out of state? We have two kids never married. Had a restraining order on him for threatening to kill me. He threatens to take my plates of my car etc. I am getting married and the state I am moving to is close to my mom, my older kids and grand kids plus other family members. Plus I think the area would be good for my allergies. On top of it, my grandparents are doing poorly and are getting ready to pass on and my mom could help me out with my condition.
4 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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It would be in your best interest here to consult with an experienced family law attorney in your area to discuss this. That being said, in Arizona if there is not a parenting time order then the relocation statute would not seem to apply.
Answered on Oct 21st, 2013 at 1:55 PM
Bruce Provda
That would depend on whether or not he has been given any order of custody by the court.
Answered on Oct 21st, 2013 at 3:19 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If there was never a paternity action filed and he was no specific parenting rights, you can absolutely move.
Answered on Oct 18th, 2013 at 1:47 PM
If there is no order determining the parentage of the children, the father has no rights and you should be able to move where you want to. If there is an order that both determines the paternity and awards the father parent time with the children, Utah requires that you provide 60 days advance notice, in writing, of your intent to move from the state and your commitment to facilitate parent time between the children and their father. The time period allows the father time to ask the court to modify the current parent time arrangement, or to argue that it is not in the best interests of the children to be moved from the state. It sounds as if the facts are on your side in this matter.
Answered on Oct 18th, 2013 at 1:44 PM