QUESTION
What is the name of the form that I need to file in an emergency motion to move out of state with my children?
Asked on Jan 10th, 2014 on Child Custody - New York
More details to this question:
I'm the custodial parent, my ex has paid no child support in the 5 years ordered. She doesn't have her drivers license but sees the children every other weekend. My wife and I have been offered outstanding jobs out of state and we are moving at the end of the month. The children involved want to go but their mother is refusing to allow them. We just found out we got the jobs and need to start by the first of February 2014. What form and where can I find it to motion for the courts approval?
7 ANSWERS
If you do not want to hire a family law attorney, you should contact the Family Law Facilitator in the County you live in to get the forms filled out.
Answered on Jan 14th, 2014 at 7:45 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Unless your order has a residency restriction, then you may move. If there is a residency restriction, then you need to file a motion to modify and seek temporary orders. Considering the facts as you described them, I think there is a very good chance the court will allow the move.
Answered on Jan 14th, 2014 at 7:44 AM
Civil Litigation Attorney serving Dallas, TX
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Ginsberg & Associates
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The form is called a Motion to Modify the Parent Child Relationship with a Temporary Restraining Order. This will get you a hearing in front of the Judge within 14 days of filing the Motion. You should consult a lawyer before filing said Motion and Order.
Answered on Jan 14th, 2014 at 7:44 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will need an attorney to review the current order in effect and file a motion to change the domicile of the children out of state NOW.
Answered on Jan 14th, 2014 at 7:44 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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There is no "form." You must file a motion to modify the child custody order to allow you to move out of state. If you are in Idaho, you have to prove that it is in the children's best interest, not just yours. So, if mom can provide a stable home for them here, you very likely will not be able to take the children out of Idaho. You need to talk with an attorney now.
Answered on Jan 14th, 2014 at 7:43 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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There is no such "form" in the State of Utah. Unless your decree provided otherwise, the process for giving notice of intent to relocate out of state with the children is governed by Utah Code Section 30-3-37, but even that code section does not contain any provisions for some kind of emergency move out of state to take a job. You will want to review your Decree of Divorce to see what the provisions for custody are, and if moving out of state is already contemplated in your Decree. If your decree does not provide for how parents can move out of state and how custody is adjusted in the process, then you will need to file what is known as a petition to modify your decree of divorce regarding the custody award.
Answered on Jan 14th, 2014 at 7:43 AM
Bruce Provda
You need to check with the clerk of the court that is handling the custody case.
Answered on Jan 14th, 2014 at 7:43 AM