If my ex and I both have custody of our son but there has never been court involved, what do I have to do to be able to leave the state with my child?

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If my ex and I both have custody of our son but there has never been court involved, what do I have to do to be able to leave the state with my child?

And, does it make it easier if there has been domestic violence charges?

Asked on September 25, 2012 under Family Law, Washington

Answers:

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

Answered 8 years ago | Contributor

You mention that you and your ex both have custody of your son, but there are no court orders.  If there is not an order in place, then you can leave with your son at any time (domestic violence charges or not).  If you do have orders, but they do not prohibit you from leaving the state, then you can leave as well.  If there is an official order in place, then you will need to follow whatever the orders require in order to relocate. 

The fact that there has been domestic violence does make the process and justification easier.  There are many non-profit organizations that will help individuals who have been victims of domestic abuse relocate.  Many churches offer similar networks of support.  If you are afraid for your safety or your child, then contact the agencies that you need to in order to protect your child.


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