Transferring of custody agreement between states

[needhelp9]

Hello. I currently have a sole custody agreement with the court system in Chicago. I would like to move to the Raleigh/Durham area of North Carolina. My son's father will also be moving with us, but we will continue to live separately. Will our current custody agreement be valid in North Carolina, or do we need to get it approved by the court system there? Thanks so much for your help.

 

[irish223]

It will still be valid there until you go back to court to change it; however, you may need permission from the court to move out of state.

 

[needhelp9]

Thank you very much for answering so promptly. By "change" it do you mean make modifications when my ex and myself find it necessary? And even though my son's father would be moving there as well, we would still need permission from the court? Is that how it is in most states? Is a sole custody agreement valid anywhere in the United States? Thanks so much for your help! I worked extremely hard to get sole custody and our agreement is very detailed and very much in my favor, if moving out of Chicago will risk me losing any of it, I won't go anywhere. Thanks again.

 

[irish223]

Thank you very much for answering so promptly. By "change" it do you mean make modifications when my ex and myself find it necessary?

Yes

And even though my son's father would be moving there as well, we would still need permission from the court? Is that how it is in most states?

That's how it is in many states. I believe, but I'm not sure, that you need permission from the court to remove the child from Illinois' jurisdiction. The father's permission makes it an easier process.

Is a sole custody agreement valid anywhere in the United States?

Yes, however, once you establish residency in another state, it may be possible to have jurisdiction changed to the new state.

Thanks so much for your help! I worked extremely hard to get sole custody and our agreement is very detailed and very much in my favor, if moving out of Chicago will risk me losing any of it, I won't go anywhere. Thanks again.

In that case, it is in your best interests to have this approved by the court. If you don't, and your ex decides to move back to Illinois, then he can go back to court to force the return of the child. That could ultimately affect your custody arrangement. (Really, going through the court is in everybody's best interests.)

Also, once you move, I would suggest talking to an attorney about whether or not you should have the order filed in North Carolina as well. It may be unnecessary, but you should be certain that your ex cannot open a custody case in NC after you've established residency.

Good luck

 

[needhelp9]

Thanks again for all your help! You've answered many questions I've been wondering about, lately. To be on the safe side I will speak with the courts on both sides. Unfortunately it's so costly. I just got sole custody about a month ago, my son is almost 7 months old. His father and I are on good terms, but I know that could change at any time. Anyway, you can't put a price on what's best for a child, so to the courts I go!