QUESTION
Is it legal to move out of state with a child if there is no custody agreement?
Asked on Nov 20th, 2013 on Family Law - Iowa
More details to this question:
My husband and I would like to move to Texas from Iowa. Him and the child's mother don't have a legal custody agreement but he lives with us full time and we can prove it. She hasn't seen him in almost a month and expresses no interest in doing so. Is it kidnapping if we move with him?
1 ANSWER
General Practice Attorney serving Ontonagon, MI
at
Robert Peterson, Attorney at Law
Update Your Profile
If there is no court order, both parents are considered to have the legal rights to the child. Thus, you could move with the child to Texas. However, if the mother were to go to court immediately after the move, Iowa probably would be the state for determining custody based on federal law (where the child lived for the last 18 months or the longest period in the last 5 years). This could inconvience you living in Texas with the child and you might want to get a court order prior to moving, especially if the mother hasn't shown recent interest (she might consider an agreement).
Answered on Nov 30th, 2013 at 5:25 PM