How can I keep my ex-girlfriend from moving out of state with my daughter?

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How can I keep my ex-girlfriend from moving out of state with my daughter?

Asked on November 29, 2012 under Family Law, Utah

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Possibly. Actually, your ex will have to file in court to legally keep you here. The court will then have the final decision. It will look at just what is in the best interest of your child. In doing so, it will want to know the reason for the move, the child's relationship with the other parent, any special educational/medical considerations, etc. It will then make its determination. If you move anyway, after a court order, you could potentially be charged with parental kidnapping. 

You could move before a court filing. If she doesn't file before you establish residnecy in your new state, you could file for custody. But again, your ex could file first and force you to return. So your best bet is to file first before any relocation. At this point, you should consult directly with a family law attorney in your area.


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