What to do if I want to move my 6 year old out of state?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I want to move my 6 year old out of state?

He was born in the stae that I want to move back to. However, has not been there in 4 years. The father has an OP order against him and refuses to let my son move. Can I just take my son and establish a new custody agreement in my former state since it has jurisdiction?

Asked on October 27, 2012 under Family Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to protect your own interests as to the matter that you have written before the actual move out of state with your child is to consult with a family law attorney in your community about the matter where the following is suggested:

1. file a petition with the court that last issued the child custody order as to your minir asking that the court issue an order allwoing you and the child to move out of state for specific reasons. Such petition will need to be served upon your "ex" where he will be allowed an opportunity to oppose such and be heard at the hearing.

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

Answered 8 years ago | Contributor

It's not real clear in your question on whether or not you have custody orders in place right now.... but if there are custody or visitation orders in place, then those orders will determine the answer to your question.  Some orders do limit the residency of the custodial parent and limit where they can live by state or county.   If you have an order that limits your movement with the child, then you will need to go to the court and have this modified before you can move.  

If you do have orders, but they do not limit where or when you can move with the child, but only set out that you have the exclusive right to determine the residence of the child.... then you can move and you do not need father's permission.  When custody orders are in place, what the judge says controls, even if it conflicts what the father wants.

If there are no custody orders in place, then you can move without any issues.  Your idea, though, of getting orders in place in the new state is recommended to prevent any parental kidnapping issues in the event that the father tries to take matters into his own hands. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption