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do i have to get permission to move out of state?

my kids father and i have been broke up for 3 years n tht he has not had anything to do with my kids and now tht i am getting married and am moving to another state he says because he pays child support he has a right to keep me in my current state i have sole custody and he barely pays child support and he has harrassed me and wants me back but according to the judge every parent has rights and the judge wont listen to what i have to say any advice would be appreciated thnks

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missbree4

Asked by missbree4 at 4:18 PM on Nov. 21, 2010 in Relationships

Level 4 (33 Credits)
Answers (10)
  • Yes, you should notify the court beforehand and file an ammended parenting plan. He can petition a judge to force you to stay.
    DazzlednSeattle

    Answer by DazzlednSeattle at 4:21 PM on Nov. 21, 2010

  • It depends on the state. IL requires that you petition the court even if the other parent is ok with it...even if you have sole custody.

    Also, it depends on what your court papers state.
    Jademom07

    Answer by Jademom07 at 4:22 PM on Nov. 21, 2010

  • Read what your custody papers from court say. It should tell you whether you can move out of state. If it doesn't say that you can't, I would assume that you could, but each state is different. Call the Clerk of the Court. They may be able to help you.
    SweetLuci

    Answer by SweetLuci at 4:22 PM on Nov. 21, 2010

  • if its not joint custody you can move where ever me n my babys dad went to court for that and the judge told me the only way u cant moe is if the other parent has half custody
    emmysmommy09

    Answer by emmysmommy09 at 4:23 PM on Nov. 21, 2010

  • Try www.womenslaw.org then link to KNOW THE LAWS and find your state. If that's not helpful then call a Family Attorney's office. They can give free consultation so many answer simple questions on the phone.
    admckenzie

    Answer by admckenzie at 4:27 PM on Nov. 21, 2010

  • Each state has different rules governing custodial law. You need to contact a lawyer for a consult and tell him your situation. Depending on where you live, and the current situation with the father you might have to petition to court for permission. Your ex might use the children as pawns to control you so don't be surprised if all of a sudden he's the "concerned father". My ex pulled this. Good luck...and congratulations on your marriage.
    twinkletoes0408

    Answer by twinkletoes0408 at 4:31 PM on Nov. 21, 2010

  • Do not just assume you can move out of state, cause he can file kidnapping charges on you, and thats a whole set of new problems
    beyondhopes

    Answer by beyondhopes at 4:33 PM on Nov. 21, 2010

  • Sole custody normally comes with rules per the custody arrangements and one of those rules is you have to inform the court of your wanting to move and then they have a court date set to speak to the judge to explain why and then he can fight it or what ever but in most Sole Custody cases the judge looks at what part if any the "father" has played in raising the children and makes a ruling (but because of the Sole Custody you have and his lack of consistancy you will more than likely get to move)

    4_28_bbboy

    Answer by 4_28_bbboy at 11:03 PM on Nov. 21, 2010

  • All you have to do is give him 30 days written notice that you are moving and give him the forwarding address. He can't keep you from moving. Also make a copy of the letter and give it to the court house. Make sure the notice is sent restricted mail and give the proof he received to the court house too.
    kansasmom1978

    Answer by kansasmom1978 at 11:45 PM on Nov. 21, 2010

  • thnks for all yalls feedback i appreciate it and have gotten some really good advice which i have been putting into action thnks again and merry christmas
    missbree4

    Comment by missbree4 (original poster) at 10:32 PM on Dec. 15, 2010

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