QUESTION

If my daughter is 17 years old and had a 10 month old son can they move from one state to another?

Asked on Oct 09th, 2014 on Child Custody - Arizona
More details to this question:
My daughter grew up in Arizona, but moved to Kansas in 2011, she had her son in 2013. She wants to move from Kansas back to Arizona with her son. There is no paternity order, parenting plan, or custody case on file. Can she move her and her son back home to Arizona where all her family and life looking friends are?
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1 ANSWER

Divorce Attorney serving Phoenix, AZ at Heller Law Office, PLC
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It is not clear from your question as to whether the father lives in Kansas and objects. The wrinkle in the case may be whether your daughter could be considered emancipated. Normally Kansas should have jurisdiction over the relocation of a minor residing for a period of time in it?s state, and your daughter should consult with an attorney in Kansas, as that is the State with jurisdiction. And normally, regardless of whether or not she can move without permission, the father may still file an objection with the court and start a case. If the court has to make a decision it will likely depend upon many factors, but in this situation the fact that your daughter is a minor may have an additional wrinkle. Then who has legal decision making authority [custody] over your daughter, and if your daughter even legally entitled to decide where she lives. Due to the complexities, and the lack of full facts, you may need to consult with counsel in both states to clarify your daughter's position.
Answered on Oct 10th, 2014 at 1:36 PM

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