Can I move out of state with my child.?

Question

I live in CT and want to move to New Jersey in two months. Am I correct in saying that I can go if and until a court has said otherwise. My child's father says he'll take me to court, which is fine, but can I leave in the meantime.

we have joint custody, but nothing was ever esablished as far as visiations or moving. She has lived with me all her life.

Answer 1

your suppose to get permission from the other parent BUT you may be able to go to court to get it changed if there is just cause for the move.

I have talked to many attorneys about this issue

Answer 2

As far as I know, as long as it isn't part of the custody agreement you can. Also depending where in CT you lived and where in NJ you are moving to it isn't too far. He could take you to court and you could be forced to bring your child back. I would check with a lawyer to make sure your custody agreement doesn't say anything, and a lawyer to help you f you go to court.

When you do go to court be prepared to show why this is best for the child, like you will be making more money, or cheaper to live, better neighborhood, closer to grandparents and other family, ect. If you say you are moving because you just want to live in Jersey, that isn't a persuasive argument. Also know exactly how far apart you and the childs father are, if you currenty live in Eastern Connecticut near RI, and are moving to Atlantic City, you are 6 hours away that would make weekend visits, or whatever arrangements you have not possible. That said, if you currently live in NYC commuting distance and are moving to Northern NJ you are only an hour apart and that is reasonable.

Just have all your ducks in a row, so to speak, and above all else speak with a lawyer. You don't want to accidently break your current agreement, even if you don't think you are, and you want to present the right arguments. If you can't afford an attorney to represent you through the whole process, atleast spend $200 and sit down with one for an hour to be sure you can do this legally, and what arguments to present.

Answer 3

No you may not be correct. If there is a custody order in place, you are obligated to the terms of it. If it says you can move without approval of the court, fine; but most courts require notification and a chance for the other party to file a complaint.

Contact the custody court first; make sure. Joint custody I'm betting means you need to notify the court before you change state of residence.

Answer 4

I suggest you read Ireland v. Ireland, 256 Conn. 413 (Aug. 18, 1998). and the subsequent CT. Supreme Court ruling in Ford v. Ford.

In Ireland, the parties had been awarded joint custody of the child with primary physical custody awarded to the mother. The child's mother sought to move to California in order to allow her new husband to take a computer consulting job after his previous consulting contract expired.

The trial court (Stanley, J.) denied the motion on the grounds that the child's father enjoyed a close relationship with the child, the move to California would substantially interfere with that relationship and would not be in the best interests of the child. Writing for a majority of the en-banc (fully-assembled) Supreme Court, Associate Justice Katz reversed the trial court and returned the case for further proceedings.

Justice Katz reasoned that the realities of divorce result in an alteration of the relationship between both parents and the child and it is not realistic to attempt to preserve completely the quality and nature of the relationship that the non-custodial parent enjoyed, especially if such preservation is at the cost of the custodial parent's ability to start a new life and financially support herself. Justice Katz also found it important to balance the interests of the old family unit against the interests of the new blended family unit which resulted from the custodial parent's second marriage.

The Court emphasized, however, that its analysis was predicated upon legitimate and proper motives for the move. If the purpose of the move was vindictive or to thwart or interfere with the relationship between the non-custodial parent and child, the court would consider such motives improper and would not sanction the move. 246 Conn. at 424.

The court held that the custodial parent who wishes to relocate the child bears the initial burden of demonstrating to the court that (1) the relocation is for a legitimate purpose and (2) that the proposed location is reasonable. Once the custodial parent establishes those elements, the burden shifts to the non-custodial parent to prove to the court that the relocation would not be in the best interests of the child. 246 Conn. at 428. The non-custodial parent bears the latter burden because he or she will have access to the information concerning distance, difficulty in maintaining visitation, etc., that would be relevant to the court's determination of the issue.

In order to determine the "best interests of the child," the Ireland court incorporated the multi-factored approach adopted by the New York Court of Appeals in Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575 (1996). The court will consider:

each parent's reasons for seeking or opposing the move,
the quality of the relationships between the child and the custodial and non-custodial parents,

the impact of the move on the quantity and quality of the child's future contact with the non-custodial parent,

the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move,

the feasibility of preserving the relationship between the non-custodial parent and child through suitable visitation arrangements, and

the negative impact, if any, from continued or exacerbated hostility between the custodial and non-custodial parents, and the effect that the move may have on any extended family relationships.

In Ford v. Ford [PDF], 68 Conn. App. 173, 789 A.2d 1104 (Feb. 12. 2002) the Appellate Court ruled that the Ireland analysis applies only to cases in which the relocation issue arises after the divorce has gone to judgment. The opinion was authored by Judge Dranginis, the former statewide chief judge for family matters and therefore the opinion should carry great weight. Judge Dranginis ruled that (1) relocation issues that exist at the time the couple is initially divorce are governed the the "best interest of the child standard," which is the general standard governing custody decisions; and (2) the Ireland burden-shifting scheme that was developed in post-divorce relocation cases, does not apply to relocation issues that arise at the initial judgment for the dissolution of marriage.

Answer 5

He can stop you from leaving with the child. He can get a court order to keep you and the child here until a formal hearing on custody and visitation is scheduled. Same thing happened to my BIL and he got an emergency court order to keep his ex from leaving the state. When the court date came the judge barred her from removing the child without his permission.

Answer 6

No.In most states you either need the permission of the other parent or permission from a judge.
My best friend left the state with her children to get away from her abusive husband.She was forced to return when her husband took her to court.She ended up losing custody of both her kids.It was used against her that she left the state and alienated the children from their father.
Do it the right way so it doesn't come back and bite you in the butt.Courts do not like when children are taken away from their parents.

Answer 7

If there is a custody order, you have to go by what it says. If you want to move, you will have to go back to court an get things straight first. Plus, think of what will happen to your kids when they are separated from their father...