If a parent is granted legal and physical custody of their children, are they allowed to leave out of state?

Question

Does the custodial parent need to seek permission from family court when there is a custody/visitation order in place? One parent is granted sole legal and physical custody, while the non-custodial parent has visitation/parenting time. Can the custodial parent leave and or move out of state and at the same time show the court that it is not merely to keep the children away from the non-custodial parent. And prove that under new circumstances that it is in the "best interest of the children"? And also if the custodial parent is showing a willingness to revise the visitation schedule to include the non-custodial parent "parenting time"?

Answer 1

State custody laws differ, but in most cases, no, you are not allowed to take the children out of state. In order to do so, you must petition the court for a change, and you must give the non-custodial parent time to respond.

You will probably have a hard time proving that the move will be in the best interest of the children as it inteferes with their access to the other parent (and vice versa). Most courts would say this would not be in their best interest.

It really depends on the other parent. You might try mediation to revise your cutody agreement. If the non-cust. parent agrees with you, then you can, but get it in writing first.

Answer 2

The adult is allowed to leave the state, they just can't move the children out of state.

Before they move, they need to notify the non-custodial parent and give that parent a chance (at least 30 days, but perhaps longer depending upon the state) to approve or contest the move. If the other parent contests the move, the custodial parent cannot legally move the children from the state without permission from the court.

The custodial parent would have to prove that it is in the best interest OF THE CHILDREN to move to the new state. It has to be in the best interest of the children, not just in the best interest of the custodial parent. Judges really don't like to deprive a parent of their child unless it is in the best interest of the child, and moving from the state is depriving the noncustodial parent.

Do the move the right way, by getting permission from the court in order to minimize the hassle.

Answer 3

It will be up to what the child custody order says.

In most of the more current ones, the custodial parent can not move over so far without the permission of the court.

Normally the custodial parent has to get the courts permission to move.

Answer 4

If the non custodial parent objects, you are going to court and the judge will decide. My brother in law took the ex to court and the judge told her she was free to go to any state she wished, but the child was to remain here.

Answer 5

It varies on the custody contract they have (if its very final yet). some have regulations that they are in a position to't flow the youngsters for the time of state strains and a few have regulations that they are in a position to't flow the youngsters extra advantageous than a hundred miles away with out permission of the different discern in the event that they have joint/shared custody. extremely than Y!A, your brother desires to touch a kinfolk regulation criminal expert and discover out what his rights are in the state of latest Mexico. Or touch the equivalent for the pal of the courtroom in his county (or the place the petition for custody is being labored on)

Answer 6

Probably not, but talk to your attorney. When you move the kids out of state the non-custodial parent loses the opportunity to stay close to his kids.