want to move out of state
- Thread Starter hrsepla
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Yes...He can file a motion to prevent the children from being removed from the courts jurisdiction. You need to go to court and get permission for the move. You will have to show how this is in the CHILDREN'S best interest. Also plan on being fully responsible for the cost of transportation for visitation if the move is granted.
jharris352
New Member
He CAN TRY. In order for him to try, he will have to establish paternity (which it isn't clear if that was done), there will be a parenting plan, there will be a child support plan, and THEN he MAY be able to stop you from moving out of state. In the meantime, if he has not taken any of these steps you can move out of state.
If you up and move, he is going to have to sue you in your new home. Now to be fair to your child, even if you successfully move you need to make arrangements for your children to see their father. You should not let him have the children without a court ordered parenting plan.
Many around here will disagree with my advice. Ethically you SHOULD get a parenting plan, and he CAN try to get you to stay in the state. But you are under no obligation to do so right now and if you move before he files anything then the court is unlikely to order you to move back. Now there is the possibility the court will order you to pay the costs of travel for visits when they are ordered.
Happy Thanksgiving. I charge double for advice on holidays (Free Free).
If you up and move, he is going to have to sue you in your new home. Now to be fair to your child, even if you successfully move you need to make arrangements for your children to see their father. You should not let him have the children without a court ordered parenting plan.
Many around here will disagree with my advice. Ethically you SHOULD get a parenting plan, and he CAN try to get you to stay in the state. But you are under no obligation to do so right now and if you move before he files anything then the court is unlikely to order you to move back. Now there is the possibility the court will order you to pay the costs of travel for visits when they are ordered.
Happy Thanksgiving. I charge double for advice on holidays (Free Free).
With no parenting plan in place there is nothing preventing you from moving BUT it might backfire on you in court. Idaho will have jurisdiction and dad can file for custody and to have the kids returned. for any chance of staying in CO you will have to prove it is in the kids best interest but still, a court may frown on you for taking the kids out of state. Was paternity established with the father? Since you were not married, if he signed the birth paperwork, that is enough to legally establish paternity in most states.
If you want to move out of state, file for custody and ask for permission but if Dad and extended family are in the area, you may not be able to move with the kids but it largely depends on why you are moving/ If it is for a boyfriend, forget it.
If by some chance you are allowed to move the kids to CO, you might be stuck paying all visitation costs.
If you want to move out of state, file for custody and ask for permission but if Dad and extended family are in the area, you may not be able to move with the kids but it largely depends on why you are moving/ If it is for a boyfriend, forget it.
If by some chance you are allowed to move the kids to CO, you might be stuck paying all visitation costs.
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