If a child is on probation in one state and the mother wants to sign custody over to the child’s aunt in another state, can the mother’s state of residence stop her?

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If a child is on probation in one state and the mother wants to sign custody over to the child’s aunt in another state, can the mother’s state of residence stop her?

Asked on September 9, 2012 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do you mean can you by all intensive purposes attempt to violate the probation order by having the child move?  becuase in the end that is what you are intending, correct?  You can transfer probateion to another state should there be an urgent need to transfer the child's custody to some one out of state.  Remember that courts view these matters in the best interes of the child.  But I would speak with an attorney prior to doing anything.  Good luck.


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