Will a judge let me leave the state with my son without a custody battle?

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Will a judge let me leave the state with my son without a custody battle?

My husband is being stationed in a different state and I have a child with someone else. I have to go with my husband and Im not leaving my son behind.

Asked on September 11, 2012 under Family Law, Arizona

Answers:

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

Answered 8 years ago | Contributor

It depends on where you are at in the custody process.  If you don't have any custody orders in place, then you can leave because a judge has not ordered you to stay in the state.  If you have custody papers in place, you need to read them to see if the judge placed restrictions on your movement.  Many orders contain provisions for a visitations schedules for when parents live close and another set for when parents live farther away.  If you have this type of order with no restrictions on where you can live, then you can leave and move with your child because the custody paperwork already provides for that contingency.  So... under either of these options, you won't need to have a "custody battle."

If your custody orders do contain a restriction, then you will need to file a motion with the court to modify the orders and lift the restriction so that you don't have to face a contempt action later on.  Your ex- may agree to this without having to have a long, drawn out hearing.  If he does not agree, then you could end up in a contested hearing. 


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