QUESTION

What can I do if I want to move out of state with my kids but has a joint custody with the kid's dad?

Asked on Oct 18th, 2012 on Child Custody - Colorado
More details to this question:
I want to move out of state with my three children. Kidโ€™s dad is absent and only sees kids when convenient. We have a court order for joint custody both physical and legal primarily with me mom.
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14 ANSWERS

You will need the permission of the Court to move your kids out of state.? File a motion for change of domicile showing how the move will improve the welfare of the children (do you have a good job lined up? Are there relatives who can help with child care or otherwise?)? Be prepared to bear the brunt of the cost of transporting the kids back for parenting time with dad and to change the parenting time order to allow for fewer but bigger chunks of parenting time with him.? You might be surprised he might actually spend more quality time with them when his contact is more limited and encourage email, phone, snail mail contact with him when the kids are with you.
Answered on Oct 30th, 2012 at 10:34 AM

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Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
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Unless the father will agree, you have to file a motion with the court to allow you to relocate. The father can then file to have the children live with him and not move with you. The court will have to determine what is in the best interest of the children. You should seek a local attorney to assist you with this.
Answered on Oct 23rd, 2012 at 4:37 PM

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Business Attorney serving Morgantown, WV at Adams Legal Group, PLLC
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You will need to file a Petition for Relocation with the Court to address your desires to relocate. I would suggest that you contact a local attorney to assist you through this process.
Answered on Oct 23rd, 2012 at 4:08 PM

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Administrative Law Attorney serving Winter Garden, FL at Channell Law Firm, P.A.
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There is a very detailed process that must be followed to do this, particularly if he objects. Contact an attorney to proceed further.
Answered on Oct 23rd, 2012 at 4:02 PM

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Divorce for Men Attorney serving Nutley, NJ at The Micklin Law Group, LLC
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In the State of New Jersey, if you have an order for joint legal custody, you cannot move out of the state without the express consent of the other parent or court order. If the other parent does not consent, you have to make an application to relocate in family court. The leading case on relocation is Baures v. Lewis, which sets forth the factors that the court considers for relocation applications. These factors are: (1) the reasons given for the move; (2) the reasons given for the opposition; (3) the past history of dealings between move; (4) whether the child will receive educational, health and leisure opportunities at least equal to what is avoided here; (5) any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location; (6) whether a visitation and communication schedule can be developed that will allow the non- custodial parent to maintain a full and continuous relationship with the child; (7) the likelihood that the custodial parent will continue to foster the child?s relationship with the non-custodial parent if the move is allowed; (8) the effect of the move on extended family relationships here and in the new location; (9) if the child is of age, his or her preference; (10) whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent; (11) whether the non-custodial parent has the ability to relocate; (12) any other factor bearing on the child's interest.
Answered on Oct 22nd, 2012 at 5:05 PM

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Michael Paul Vollandt
In California you need to file a RFO for a move away order. If you just take off then the Court could order you to bring the children back and if you refuse it could cause you serious problems with he Court and you custody.
Answered on Oct 19th, 2012 at 4:28 PM

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Alternative Dispute Resolution Attorney serving Chandler, AZ at Cox Sandoval Law, PLLC
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Depending upon the reasons for your move, you have to provide notice to him and an opportunity for him to object. To discuss the facts of your case and your legal options and responsibilities, it would be best to consult an attorney.
Answered on Oct 19th, 2012 at 4:25 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You must get his permission in writing or a court order from the judge to be able to move out of state.
Answered on Oct 19th, 2012 at 4:25 PM

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Estate Planning Attorney serving Clinton Township, MI
Seek an attorney to assist you in petitioning the court to allow removal to the new jurisdiction. ,
Answered on Oct 19th, 2012 at 4:17 PM

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it doesn't sound like you have a Washington parenting plan.
Answered on Oct 19th, 2012 at 4:14 PM

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Family Law Attorney serving Chandler, AZ
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Generally speaking, you can't relocate without the other parent's consent or a court order. There is a statute (ARS 25-408) that specifically governs relocation. I recommend you consult with an attorney who can go through the statute with you and help you determine how it applies to your situation.
Answered on Oct 19th, 2012 at 4:11 PM

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You have to file your request for order to move and take the children. Moving kids out of state away from a parent is not easy and there are legal hurdles so you may want to use an attorney if father won't agree
Answered on Oct 19th, 2012 at 4:08 PM

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Steven D. Dunnings
In Michigan, you have to file a motion with the court to get it's permission to move out of State This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Answered on Oct 19th, 2012 at 4:07 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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You probably need to go back to court and get the judge to approve the relocation unless the current court order says you are free to relocate. If the father doesn't object, a judge will not either. But, if the father objects the judge will have to decide how to handle the situation after consideration of all relevant information.
Answered on Oct 19th, 2012 at 4:06 PM

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