QUESTION

Will I be able to move out of state if I am granted child custody?

Asked on Apr 15th, 2011 on Child Custody - Arkansas
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If I file and am granted full custody of my children, am I able to move out of state and can father file again for custody?
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6 ANSWERS

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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That depends entirely on the facts of your case and whether or not moving the child will unreasonably deny the child a continued relationship with the father. If you and the father do not agree, the question is primarily one of what is in the child's best interest. If you are definitely planning to move after the final disposition of the divorce case, the question of whether you are permitted to relocate should be answered initially as part of the agreement or court rulings allocating parental responsibilities. The parenting plan should say you can or you cannot relocate or who will decide. You need to keep in mind that if you are planning to move and keep that a secret so you don't have to deal with it now and get an answer now, that could improve the chances that a judge would prohibit you from moving or require you to return if you move before telling the father.
Answered on Apr 19th, 2011 at 12:14 PM

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If you plan to move out of state you need to inform your attorney of this and she can file a motion at the same time she files your custody petition.
Answered on Apr 19th, 2011 at 10:45 AM

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Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
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If you have sole legal and physical custody, you can move out of state, though you might have to provide forty-five (45) days notice to the other party, in writing. Look at your Court Orders, Minute Order, Stipulated Judgment or Findings and Order After Hearing.
Answered on Apr 18th, 2011 at 11:49 AM

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"Custody" means almost nothing in Washington family law. When you divorce,there will be a parenting plan. If you are the primary caretaker, there will be a setof procedures you have to do anytime you move the child from her school district. The primary caretaker has the presumption of being able to move. Upon giving notice and proposing a new parenting plan, the father can object and try to stop you and propose his own plan.The court is required at thatpoint to consider about 10 factors, most of which end up favoring the moving party,to see if the presumption is rebutted. So, if you are the primary caretaker, probably you will be able to move butyou should consult with an experienced familylaw attorney to seehow your particular facts stack up.The better the reason for moving, the higher your chances of being able togo.Before you proceed at all, you should consider a collaborative style divorce. Good luck.
Answered on Apr 18th, 2011 at 11:00 AM

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Family Law Attorney serving San Diego, CA
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That is up to the Judge. You will not be allowed to move the child out of state without a court Order or Dad's permission.
Answered on Apr 18th, 2011 at 10:10 AM

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Judge will let you move but you should never move without either written agreement from dad or court permission.
Answered on Apr 17th, 2011 at 5:52 PM

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