QUESTION
Would I be able to move out of state without my child's fathers permission?
Asked on Nov 11th, 2011 on Child Custody - Oregon
More details to this question:
My child's father and I have joint custody over our child. Being that I am the custodial parent, would I be able to move out of state without his permission?
16 ANSWERS
Glen Edward Ashman
That depends on (1) the wording of the custody order and (2) what state you are in.
Answered on Jul 03rd, 2013 at 1:58 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Your parenting plan will refer you to the statutes you have to follow in order to move.
Answered on Jul 03rd, 2013 at 1:57 AM
Steven D. Dunnings
You must get the Court's permission.
Answered on Jul 03rd, 2013 at 1:57 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The answer to your question is or should be answered in the court order establishing the custody/parenting responsibilities rules. If it isn't, you probably need to get permission from the court.
Answered on Nov 14th, 2011 at 1:28 PM
You state that you are the "custodial parent." Does this mean that you have entered a parenting plan? If you have, then, the Washington relocation act will apply. This act puts limits on your ability to move with the children. It also lays out a procedure that you are supposed to follow if you want to move. As a practical matter, what this means is that you are probably either going to have to get the father's permission or follow the relocation act procedure to get the court's permission.
Answered on Nov 14th, 2011 at 1:00 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Depends what your court papers/orders say. Usually you are required to give notice to him and the court, if he objects to the court the court will schedule something. If he doesn't respond, you are free to go. If you go without following the court order, the court can hold you in contempt and require the return of the child (though the return of the child is rare, it does happen).
Answered on Nov 14th, 2011 at 12:38 PM
If you currently have joint custody over the children, with specified days and times that the father has to spend time with the child, and moving out of state will make it impossible for him to be able to continue to see the child on these dates and times, then you would be in violation of the current child custody agreement by moving out of state. The best course of action you have is to apply in Family Court for either full custody or to modify the agreement so that you will be able to move out of state without violating the agreement.
Answered on Nov 14th, 2011 at 11:59 AM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If you have joint custody (now called shared parenting in Ohio), you are both custodial parents. You will have to see if your plan prohibits you moving out of state without his permission or a court order. Most plans require that. If not, you still have to notify him you are moving, and he could then file for custody due to that.
Answered on Nov 14th, 2011 at 11:43 AM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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If joint custody was established by a court order, you may be violating the order my moving out of state without his permission. If the move interferes with his ability to exercise his visitation, he may be able to file contempt charges against you. You will need to review your court order to determine what you can and cannot do.
Answered on Nov 14th, 2011 at 11:34 AM
James Albert Bordonaro
No, you must provide him 30 days written notice by registered mail. If he files an objection in court then the judge will have to decide where the child should live.
Answered on Nov 14th, 2011 at 11:07 AM
Gary Moore
You need either his consent or a court order permitting same.
Answered on Nov 14th, 2011 at 9:17 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Without permission - yes. Without notice: NO. State law requires that you notify the domestic relations or juvenile court of your intent to move thirty days out. You must also notify the father of your intent to move no leaving in the middle of the night without notice. Yes, the father may object, and may get an order preventing your from leaving. You still have to tell the Court and the father.
Answered on Nov 11th, 2011 at 10:18 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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In Washington state, if you seek to change the residence of the child, you must follow the requirements of the Relocation of Children Act, RCW 26.09.405 to .480. Your existing Parenting Plan probably contains a summary of this statute in section 3.13 of your court order.
Answered on Nov 11th, 2011 at 9:38 PM
Family Attorney serving Bellevue, WA
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Goddard Wetherall Wonder, PSC
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There are very strict procedural requirements that must be satisfied prior to any move of the primary residential parent's residence outside of a child's school district (let alone out of state). "Relocations," when disputed, can be very challenging cases, with major ramifications with respect to both parties' ability to comply with the parenting plan, particularly if the move is out of state. Noncompliance of the statutory requirements (if contested by the non-primary parent) can result in sanctions and even transfer of primary parent status from one parent to the other. Accordingly, you need to be very careful to ensure compliance with the notice requirements of the relocations statutes.
Answered on Nov 11th, 2011 at 8:44 PM
Arizona Revised Statutes section 25-408 governs relocations. You must comply with the terms of this statute with respect to determining whether and how you may be able to relocate. I strongly urge you to speak with an attorney prior to taking any action, since an unlawful relocation may have a significant/detrimental impact regarding your custody/parenting time arrangements.
Answered on Nov 11th, 2011 at 8:42 PM
Civil Litigation Attorney serving Milwaukie, OR
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Law Office of Andrew E. Teitelman
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Oregon law requires that you provide the other party and the court written notice of your intention to move more than 60 miles away from your residence when custody/parenting time is in issue.
Answered on Nov 11th, 2011 at 8:41 PM