How to Move to Another State when You Have Custody of Your Child
Identify if you have sole custody., Research your state’s laws., Meet with an attorney., Draft a notice., Mail your notice certified mail., Obtain written permission., Write a new parenting plan., Avoid leaving the state without permission.
Step-by-Step Guide
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Step 1: Identify if you have sole custody.
In some—but not all—states, you can move your children out of state if you have a permanent order for sole custody.
This is the law in California, for example.However, many states don’t acknowledge the concept of “sole” custody, and their laws will be very different.
Accordingly, you always need to find out your state’s requirements. -
Step 2: Research your state’s laws.
Before doing anything, you need to research your state’s requirements.
Many states require that you have the other parent’s permission, depending on the circumstances.
You should find your state law and read it closely.
You can search online by searching for “your state” and “move out of state child custody” or something similar.
If you can’t find anything online, then check with your nearest law library, which is probably at the court house or at a nearby law school. , You should also discuss your case with an attorney, who can advise you about whether you need permission to remove the children from the state.If you used an attorney for your divorce, then call this person back up and ask if you can have a meeting.
You might not have used an attorney when determining initial child custody.
In that situation, you can get a referral to a family law attorney by contacting your state or local bar association.See Choose a Family Law Attorney for more information. , In many states, you must provide written notice to the other parent before you move.You should read your original custody order, which may explain the steps you need to take in order to notify the other parent.
A typical notice will provide the following information:
Your reasons for the move, such as you have a new job or are getting married.
Your intent to come up with a new visitation schedule that works for the other parent.
Information about your court case, such as the case number and location of the case (state, county, court name, etc.) Your signature. , Make sure that you give the other parent sufficient notice.
Depending on your state, you may need to give 30, 60, or 90 days’ notice.Also send the notice certified mail, return receipt requested.
Keep a copy of the notice for your records, and staple the return receipt to your copy. , The other parent might agree to the move.
In that situation, you should try to get something in writing.
Even if your state law allows for an oral agreement, you should still get a written agreement since that can prevent any confusion., If the other parent agrees to the move, then you will probably have to draft a new parenting plan, which you both should sign.
Take out your copy of the current parenting plan and use it as a guide.
You will then need to file the agreement with the court.Your new parenting plan should have a visitation schedule for the other parent, and should identify the place of visitation as well as the dates.For example, because you are moving far away, you might have the children spend more of their summer or holidays with the other parent. , Whatever you do, don’t just get in your car and drive off with the child.
The other parent can come to the state where you have moved and sue in you court.
They can have a court in the new state could then decide to give the other parent sole custody of the children.
Furthermore, the other parent might convince a judge in the state you left behind to change custody.
The parent can then go to your new state and get a judge to enforce that judgment.Because you stand to lose possible custody of your children if you move without permission, you should be extra careful that you follow the law. -
Step 3: Meet with an attorney.
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Step 4: Draft a notice.
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Step 5: Mail your notice certified mail.
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Step 6: Obtain written permission.
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Step 7: Write a new parenting plan.
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Step 8: Avoid leaving the state without permission.
Detailed Guide
In some—but not all—states, you can move your children out of state if you have a permanent order for sole custody.
This is the law in California, for example.However, many states don’t acknowledge the concept of “sole” custody, and their laws will be very different.
Accordingly, you always need to find out your state’s requirements.
Before doing anything, you need to research your state’s requirements.
Many states require that you have the other parent’s permission, depending on the circumstances.
You should find your state law and read it closely.
You can search online by searching for “your state” and “move out of state child custody” or something similar.
If you can’t find anything online, then check with your nearest law library, which is probably at the court house or at a nearby law school. , You should also discuss your case with an attorney, who can advise you about whether you need permission to remove the children from the state.If you used an attorney for your divorce, then call this person back up and ask if you can have a meeting.
You might not have used an attorney when determining initial child custody.
In that situation, you can get a referral to a family law attorney by contacting your state or local bar association.See Choose a Family Law Attorney for more information. , In many states, you must provide written notice to the other parent before you move.You should read your original custody order, which may explain the steps you need to take in order to notify the other parent.
A typical notice will provide the following information:
Your reasons for the move, such as you have a new job or are getting married.
Your intent to come up with a new visitation schedule that works for the other parent.
Information about your court case, such as the case number and location of the case (state, county, court name, etc.) Your signature. , Make sure that you give the other parent sufficient notice.
Depending on your state, you may need to give 30, 60, or 90 days’ notice.Also send the notice certified mail, return receipt requested.
Keep a copy of the notice for your records, and staple the return receipt to your copy. , The other parent might agree to the move.
In that situation, you should try to get something in writing.
Even if your state law allows for an oral agreement, you should still get a written agreement since that can prevent any confusion., If the other parent agrees to the move, then you will probably have to draft a new parenting plan, which you both should sign.
Take out your copy of the current parenting plan and use it as a guide.
You will then need to file the agreement with the court.Your new parenting plan should have a visitation schedule for the other parent, and should identify the place of visitation as well as the dates.For example, because you are moving far away, you might have the children spend more of their summer or holidays with the other parent. , Whatever you do, don’t just get in your car and drive off with the child.
The other parent can come to the state where you have moved and sue in you court.
They can have a court in the new state could then decide to give the other parent sole custody of the children.
Furthermore, the other parent might convince a judge in the state you left behind to change custody.
The parent can then go to your new state and get a judge to enforce that judgment.Because you stand to lose possible custody of your children if you move without permission, you should be extra careful that you follow the law.
About the Author
Pamela Hamilton
Dedicated to helping readers learn new skills in lifestyle and beyond.
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