Process of moving child out of state

Status
Not open for further replies.

Splitbetween2

New Member
We filed the petition for removal to take child out of state. Hired attorney. Have substantial documentation on why to remove - ie: already custodial parent and non custodial parent years behind in child support, new job, better schools, better quality of life, cost of living is lower, have a lot of family including parents that already live in that state, engaged to man who has been in child's life since he was 2, etc.

I am offering a new visitation plan and offering extra scheduled communication & skype time during the week, lower child support, and even taken on most of the transportation cost of having child keep close relationship to father.

My only issue is that this job won't wait for me. I also had to enroll my older daughter already in the schools there so she didn't miss out on anything. How fast can I get this through the courts?
 
We filed the petition for removal to take child out of state. Hired attorney. Have substantial documentation on why to remove - ie: already custodial parent and non custodial parent years behind in child support, new job, better schools, better quality of life, cost of living is lower, have a lot of family including parents that already live in that state, engaged to man who has been in child's life since he was 2, etc.

I am offering a new visitation plan and offering extra scheduled communication & skype time during the week, lower child support, and even taken on most of the transportation cost of having child keep close relationship to father.

My only issue is that this job won't wait for me. I also had to enroll my older daughter already in the schools there so she didn't miss out on anything. How fast can I get this through the courts?


There is no way that anyone here on this site could know how long your specific legal issue will take.

It could take days, week, even months.

I suggest you inquire of your attorney.

He or she is the one you're PAYING to represent your interests.

They can provide you with an estimate as to how long it will take.

Bottom line, if you're smart, you won't change or do ANYTHING until the court approves your request.

The job may not wait for you, but you must wait on the judge to rule to remove the child out of the current state of residence to the proposed state of residence.

You could arrange for someone you know and trust to care for the child in the same state, and you would then be free to remove YOURSELF to the new state as this issue winds its way through the court system.

But, before you do that, again, I urge you to discuss ALL of this with YOUR attorney of record.

He or she may know MANY, MANY things that none of us, yourself included don't know!
 
Last edited:
It is unfortunate for children of divorce, but the law has a system in place to protect the parent's role in their life. You are free to go anywhere, but your children must stay in the geographic restriction spelled out in the divorce decree. When there is no restrictions, then it is best to follow case law on how this issues are handled. A good family lawyer will guide you through what you need to do to abide by your decree and local laws.

Now, before you think aboit goong and leaving your child behind, reread your decree to see if you have a Right of First Refusal clause on it. This clause would mention that either parent will have first dibs in keeping the children in the event the other parent will not be able to do so for a specified period of time. If you do, then you need to notify the childrens father and let him take care of the child.

DO NOT MOVE WITH THE CHILD as this may look bad in court and you may lose custody.
 
Hang on. Which state are we talking about?

Some are relocation-friendly, some aren't, and some have no presumption either way.

For what its worth, fotb, ROFR won't be an issue - that really only comes into play if during the normal custodial periods, the parent has to work (or something) for perhaps 4 hours or so. It doesn't stop the parent from getting a sitter though.
 
Status
Not open for further replies.
Back
Top