What to do if I moved out of state for school with permission from my child’s non-custodial parent but did not modify custody with the court?

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What to do if I moved out of state for school with permission from my child’s non-custodial parent but did not modify custody with the court?

Asked on January 16, 2013 under Family Law, Oregon

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your custody order did not restrict your residence to a certain state or require you to notify the court of a move, then you don't need to do anything.  Everything else stays in place and continues moving forward.

If your custody orders did require you to go to live in a certain state or to notify the court before moving, then you still need to complete the required actions.  If your ex- has been cooperating, it may not be a big issue.  But if they ever get disgruntled, they could file a motion to enforce the agreement and seek a contempt ruling against you for violating the order.  So... the best this is to just fix it while everyone is in a cooperative mood. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. What needs to be done is to have a child custody agreement and order drafted preferably by a family law attorney setting forth the allowance of the move out of state and have it signed by the child's non-custodial parent agreeing to the move.

Once signed, submit the stipulation and order to the court having jurisdiction over the child for signature by a judge and filing by the court clerk.


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