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I Do Not Have a Custody Order and I Want to Move out of State, Can I?

Luff Strenfel LLP Nov. 4, 2018

I do not have a custody order and I want to move out of state, can I? If you do not have a current custody order in place and you have full custody of your child, the court will not stop you from moving to another state. However, the other parent of the child may file something with the court to stop this from happening. If this happens, the court will have a hearing in which they will attempt to find what is in the best interest of the child. If the court believes that the other parent has been in the child’s life consistently, and this move will seriously affect that relationship, it is likely that the court may limit your ability to move out of state with that child. However, if the parent does not have a current relationship with the child and does not want the parent to move with the child, the court will likely be more amendable to allowing the party to move with the child out of state. The court may attach conditions so that the parent who does not have the child can still be involved with that child once they move to another state. The court may instruct the moving party to make the child available for phone calls or video calls a few times a week. They may instruct the moving party to bring the child back for holidays or other special occasions, so the other parent may have equal amounts of time with the child. If you are planning on moving to another state with your child and you are afraid that the court will interfere, please consult with an attorney who can speak with you about all of your options.