QUESTION
What are the child custody rights if I am moving to a different county?
Asked on Mar 22nd, 2012 on Child Custody - Missouri
More details to this question:
CVan a court stop me from moving to a different county with my child(I am the primary custodial parent), I am planning on getting married over the summer and my fiance lives in a different county?
29 ANSWERS
Child Custody Attorney serving Malvern, AR
at
Law Office of Gregory Crain
Update Your Profile
No.
Answered on May 30th, 2013 at 2:48 AM
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Yes, there are specific statutory requirements which you must review with your lawyer.
Answered on May 30th, 2013 at 2:43 AM
If there is not a court order stating otherwise, you are free to move within the state without the permission of the court. If you move outside of the state, you will need to file a petition for removal.
Answered on Mar 30th, 2012 at 3:44 PM
You must file a Notice of Intent to Relocate with the Court at least 90 days before you move and send a copy to the other parent by certified mail. There a very specific items that need to be in the Notice, and you can find those in the Indiana Statutes. Once the other parent receives the notice he/she has 60 days to object. If there is no objection, then you can move. If he/she objects you cannot move the child until you have court permission. If there is an objection, the court will treat it as a motion to modify custody. It sounds as if you are concerned that the other parent will oppose the move. In that case, get an attorney now to make sure things are done properly.
Answered on Mar 27th, 2012 at 3:07 PM
Insurance Defense Attorney serving Jackson, MI
at
Dungan, Lady & Dunga, PLLC
Update Your Profile
Your judgment of divorce/custody order should have change of residency provisions in it, where you cannot permanently change the residence of minor children to another state, or more than 100 miles from the address you lived in at the time the order was placed into effect. Moving to another county is fine, if it is not more than 100 miles away, and if it does cause the father parenting time problems.
Answered on Mar 27th, 2012 at 11:32 AM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Generally, a court could prevent you from moving the child permanently to any location that, in the Court's judgment, would not be in the child's best interest. As a rule, however, it would be unusual for the court to make any change in primary residence due to relocation within the state unless the relocation would have the effect of totally eliminating reasonable parenting time with the other parent.
Answered on Mar 26th, 2012 at 4:55 PM
James Albert Bordonaro
You cannot likely be prevented from moving but the court can prevent (and most likely will) you from bringing your child with you. You need to mail a notice to the other parent by registered mail with restricted delivery at least 30 days (more would be expected for international move) so that the other party can petition the court to object and a hearing can be set. You have the burden of proof to show that the other parent will have meaningful parenting time.
Answered on Mar 26th, 2012 at 4:36 PM
Family Law Attorney serving Boston, MA
at
Law Offices of Susan Correia-Champa
Update Your Profile
As long as you stay in Massachusetts you can move to a different county. However, your move might create a change in circumstances wherein the non-custodial parent could file a complaint for modification to change the current parenting arrangement. You should talk to an attorney to make sure you understand your rights and obligations under your present agreement and to fully understand the consequences of making an changes that could result in a modification of the current arrangement.
Answered on Mar 26th, 2012 at 4:12 PM
Roianne Houlton Conner
The Court will not stop you from moving BUT can order that your child live with the noncustodial parent and not be allowed to go if the noncustodial parent objects and files for custody in Court.
Answered on Mar 26th, 2012 at 3:16 PM
Glen Edward Ashman
That depends on two things you failed to tell us - what your decree says and what state you are in.
Answered on Mar 26th, 2012 at 3:04 PM
2 Awards
Yes, a court can stop you. In most states, you cannot move out of state with your child without court order or permission from the other parent. Let alone the country. Doing so without court approval could result in felony parental kidnapping charges being brought against you. If you manage to sneak out of the country, the foreign country will cooperate to arrest you for prosecution, if that country is a member of The Hague Convention.
Answered on Mar 26th, 2012 at 2:46 PM
This depends in part on whether your current orders contain any type of restriction to moving out of your current county, and in part on how far you are looking to move. There is a statute that says that you cannot move out of state OR more than 100 miles within the state without the other parent's consent or a court order. If you are planning to move less than 100 miles away, then you do not have to get the court's permission or the other parent's permission, but you still have the responsibility to make sure your child can have the court-ordered parenting time with the other parent (or ask the court to modify those orders if they will no longer be feasible). I recommend you speak with an attorney so you can obtain more specific advice based on your situation.
Answered on Mar 26th, 2012 at 2:40 PM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
I assume that the county where you intend to relocate is in New Jersey. If that is correct, there are not prohibitions on moving to another NJ county as both counties are within the jurisdiction of NJ. However, if there is a parenting plan set, you can not upset the plan, for example, by moving from Atlantic County to Essex County and expect other parent to pick-up and drop-off the child at his/her expense.
Answered on Mar 26th, 2012 at 2:38 PM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
In most circumstances, the answer would be a resounding YES if the other parent objects. You need to consult with an attorney before you do anything, or you could be found guilty of kidnapping and lose primary care of your child (and potentially go to jail, and have supervised visitation, etc. etc.)
Answered on Mar 26th, 2012 at 2:20 PM
You must file a move away motion. It is possible that the court could order a change of custody based upon your plans to leave the country. You should consult a family law attorney.
Answered on Mar 26th, 2012 at 2:18 PM
The court can't stop you from moving but it can stop the child from moving. If the move is not in the best interests of the child, physical custody might be changed.
Answered on Mar 26th, 2012 at 2:17 PM
Adoption Attorney serving Tulsa, OK
at
David C. Fisher, P.C.
Update Your Profile
Before you move, you need to follow the relocation statute at 43 O.S. Section 112.3 which outlines the specific steps to follow before moving with your child. The other parent has thirty (30) days to object to your relocation. If they do not object within the thirty (30) days, then the move is authorized. Keep in mind that the relocation statute only applies to moves of seventy-five (75) miles or more from the county you are in. If the move is not seventy-five (75) miles, then you can move as you want to. A Court will not stop you from moving, but may change custody of the child over to the non-moving parent if the move is found to not be in the best interest of the child.
Answered on Mar 26th, 2012 at 2:12 PM
4 Awards
In Louisiana the rights of non-custodial parents are protected in a law called the Relocation Statute. If you desire to move more than 100 miles away from the other party, you must file for permission from the court before you move, and must prove that a) you have a good faith reason to move and b) the "best interests of the child" will be served by the move. The court will take into consideration the fact that the child will be farther away from the other parent, and the impact that will have on that relationship. If you fail to follow the proper steps in relocation, you may lose primary custody of your child. You should hire an attorney with experience in relocation matters and be ready to marshal the proper evidence to prove that moving is best for the child.
Answered on Mar 26th, 2012 at 2:11 PM
Marc John Weinpel
It depends. It really does not matter to what "county" you may be moving. The questions the Court will ask are: Does the father have regular visitation privileges and has he been exercising the same? How far in distance is the move? If significant distance, the Court will want to insure that father's visitation privileges are not "upset." Obviously moving from Idaho Falls (Bonneville County) to Blackfoot (Bingham County) might not be significant. Moving from Idaho Falls to Boise (Ada County) will potentially require a new parenting plan.
Answered on Mar 26th, 2012 at 2:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Your ability to move is restricted under Michigan law unless you have sole legal and physical custody. You had better see an attorney NOW.
Answered on Mar 26th, 2012 at 2:08 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
at
Timothy Kevin Byrne Attorney at Law
Update Your Profile
Read your divorce judgment. Most do not restrict you from living or moving to another county.
Answered on Mar 26th, 2012 at 2:07 PM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
If you have a Washington parenting plan, there is a process you must follow to relocate outside of the childen's current school district.? The other side will have an opportunity to block you, but the law favors your move if it is for a legitmate good reason.
Answered on Mar 26th, 2012 at 2:07 PM
If your planned move is over 60 miles away, you cannot move unless you give the court notice, and give the other parent opportunity to contest the move with the child. If you move without filing such notice or giving the other parent the opportunity to contest, you can be in contempt of court, if there is an existing judgment already. Generally, you need to give the other parent and the court 60 days' notice. An attorney can help prepare the appropriate documents.
Answered on Mar 26th, 2012 at 2:05 PM
Domestic Relations Law Attorney serving Dedham, MA
at
Alan J. Pransky
Update Your Profile
Unless there is an existing order preventing you from moving to another county within Massachusetts, you can move. You don't need permission. You can move at will. If you are moving far away (like Nantucket County) then you can expect a modification of the custody / visitation provisions.
Answered on Mar 26th, 2012 at 2:05 PM
Dave Hawkins
If there is a current PP in place, then you have to give the non-custodial parent notice that you are moving pursuant to the terms of the relocation statute, to wit: 1) Except as provided in RCW 26.09.450 and 26.09.460 , the notice of an intended relocation of the child must be given by: (a) Personal service or any form of mail requiring a return receipt; and (b) No less than: (i) Sixty days before the date of the intended relocation of the child; or (ii) No more than five days after the date that the person knows the information required to be furnished under subsection (2) of this section, if the person did not know and could not reasonably have known the information in sufficient time to provide the sixty-days' notice, and it is not reasonable to delay the relocation. (2)(a) The notice of intended relocation of the child must include: (i) An address at which service of process may be accomplished during the period for objection; (ii) a brief statement of the specific reasons for the intended relocation of the child; and (iii) a notice to the nonrelocating person that an objection to the intended relocation of the child or to the relocating person's proposed revised residential schedule must be filed with the court and served on the opposing person within thirty days or the relocation of the child will be permitted and the residential schedule may be modified pursuant to RCW 26.09.500. The notice shall not be deemed to be in substantial compliance for purposes of RCW 26.09.470 unless the notice contains the following statement: "THE RELOCATION OF THE CHILD WILL BE PERMITTED AND THE PROPOSED REVISED RESIDENTIAL SCHEDULE MAY BE CONFIRMED UNLESS, WITHIN THIRTY DAYS, YOU FILE A PETITION AND MOTION WITH THE COURT TO BLOCK THE RELOCATION OR OBJECT TO THE PROPOSED REVISED RESIDENTIAL SCHEDULE AND SERVE THE PETITION AND MOTION ON THE PERSON PROPOSING RELOCATION AND ALL OTHER PERSONS ENTITLED BY COURT ORDER TO RESIDENTIAL TIME OR VISITATION WITH THE CHILD."
Answered on Mar 26th, 2012 at 2:03 PM
Steven D. Dunnings
If it's more than 100 miles away, you have to get the court's approval.
Answered on Mar 26th, 2012 at 2:01 PM
Family Law Attorney serving Layton, UT
at
Michael S. Edwards Attorney at Law, PLLC
Update Your Profile
The court usually will not keep you from moving, if that is what you choose to do. However, your move may effect the parent time rights of the non-custodial parent. Unless your divorce decree or parenting plan states otherwise, the standard statutory parent time schedule continues to apply, unless you move out of state, or more than 150 miles away from where you resided at the time of the divorce. If you move more than 150 miles away (or out of state), there are certain legal obligations you have to the non-custodial parent. They are set-forth in Utah Code Annotated Section 30-3-37, which you can see at: www.le.state.ut.us I would recommend that you carefully review this law, and follow its requirements. If you are still unclear about what you should do after reading this law, I would recommend that you consult with a competent family law attorney, to get the advice you need. Good luck!
Answered on Mar 26th, 2012 at 1:58 PM
1 Award
If you are moving to another state or 150 miles from your present residence, you need to comply with the child relocation statutes and provide proper written notice of your intent to move. If he objects to the move, you need to obtain court authority. If you are moving within Louisiana to a location less than 150 miles from your existing residence, you can simply do so.
Answered on Mar 26th, 2012 at 1:54 PM
Child Custody Attorney serving Kansas City, MO
at
Kiske Law Office, LLC
Update Your Profile
You are required to comply with the relocation provisions in the statute when you move as a custodial parent. These provisions should be outlined in your judgment. In short, you must provide a letter, 60 days before your move, by certified mail return receipt requested to your ex, notice of your move including the reasons why you are moving, the new address and phone number, and any proposed change in the parenting plan. Your ex has the opportunity to object. If your ex files an objection with the court, you will be unable to move until the court grants permission for the move.
Answered on Mar 26th, 2012 at 1:52 PM