My friend that is know is planning on moving. Her ex husband tells her that theres a law that she needs permission to move out of state because she had 3 kids. Both theirs. I was looking for this law to see if he was just making it up so she wouldnt move.
Is there a law that you need permission to move or can she move on her own.
Thank You
2006-08-25 05:38:23 · 16 answers · asked by xcef2005 2 in Politics & Government ➔ Law & Ethics
Also My friend lives in NY
2006-08-25 05:46:14 · update #1
Yes there is a law, he is right. If she moves with out an order from a Judge she can be charged with kidnapping. The order will give her the right to choose geographical location. Your friend needs to look at her divorce decree and see if there is a restriction on her geographical location, if there is she will have to see the Attorney that drew up the decree. Family law office says there is no name for this law. My daughter did this when she moved out of state.
2006-08-25 06:13:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You didn't give your state. He may have a valid point. Your friend might want to consult an attorney before she finds herself in court compliments of her ex-husband.
In Minnesota, On May 31, 2006, the Governor signed the Omnibus Family Bill, which eliminates the presumptions related to relocation of minor children out-of-state. The new law goes into effect on January 1, 2007, and requires that the parent seeking permission to move the child demonstrate that the move would advance the child’s best interest.
2006-08-25 12:53:03 · answer #2 · answered by Zelda 6 · 0⤊ 0⤋
You friend should talk to a lawyer. Most states child custody laws prohibit the taking of minor children across state lines with the consent of both parents regardless of which has custody. This is done to protect the child. These laws were put in place so estranged parents would not run off with the children and leave the other spouse wondering, and worrying forever. These laws all are similar to kidnapping laws with penalties just as severe. DO NOT SEEK YOUR ADVICE HERE! SEE A LAWYER!
2006-08-25 12:53:16 · answer #3 · answered by jmoore2688 1 · 0⤊ 0⤋
Some states do have that law. Also I agree with everyone who says to consult an attorney. Could very well save alot of time and frustration. Not to mention moving costs. I live in Illinois, and that is the way the law is here. So before your friend makes a rash decision, she should do some researching and consulting... with an attorney that is, not here.
2006-08-25 12:46:39 · answer #4 · answered by babygirl.1977 1 · 0⤊ 0⤋
In NY yes she does need the courts permission to move out of state because of the children.
2006-08-25 12:47:43 · answer #5 · answered by Anonymous · 1⤊ 0⤋
What are the custody agreement? Depending on the state there may be implications involved if they have share custody of the kids.....usually if she needs to move because it is work related and it here livelyhood the law usually side with her. But have her speak to a lawyer or seek legal advice before doing anything.
2006-08-25 12:47:29 · answer #6 · answered by leoan_rasan 2 · 1⤊ 0⤋
Depends on what the custody agreement states... I know right now I am going thru a divorce with a child involved and in order for me to move out of state it has to be approved by him
2006-08-25 12:44:54 · answer #7 · answered by southsideangel77 1 · 0⤊ 0⤋
First, have your friend check the terms of the custody agreement ordered at the time of the divorce.
That's most likely going to resolve the issue.
If it doesn't cover it, then it's worth paying for an hour of an attorney's time to find out what the laws of your state say. One hour now could save months of legal battles later.
2006-08-25 12:40:39 · answer #8 · answered by coragryph 7 · 2⤊ 0⤋
Depends on the state. Also, if the state had to get involved at any point with DCS or custody. Call the local legal aid society, or law school to check.
2006-08-25 12:42:04 · answer #9 · answered by snoweagleltd 4 · 1⤊ 0⤋
In the state of Pa. only if it is in the custody paperwork is it against the law. She must however notify domestic relations so that her support stays the same and is deliverable
2006-08-25 12:42:55 · answer #10 · answered by slysandlin@verizon.net 1 · 1⤊ 0⤋