Custody & Kidnapping

Whether or not a parent can move with his/her children is a complicated legal question. It depends on a lot of different factors, and we strongly recommend that [YOUR DAUGHTER - CHANGE THIS?] talks to a lawyer in your state who specializes in custody before making any decisions.

To find a lawyer, including one who may be able to provide free or low-cost legal services, you can click here to this part of our site: LINK [NOTE: INCLUDE THIS IF THE WOMAN INDICATES DV: Another option may be to call the Legal Resource Center for Violence Against Women, which specializes in interstate custody matters for abused women. They may be able to connect her with an attorney in her current state who can advise her about the state’s laws on parental kidnapping. Their number is 301-270-1550.]

I cannot tell you specifically whether she can or cannot move since I cannot give legal advice. However, I will try to provide some general, basic information that may be useful. [ERASE THIS SENTENCE IF IT’S NOT TRUE - AND AMEND REST OF MESSAGE ACCORDINGLY: I couldn’t tell from your message whether or not there is a custody/visitation order in place or not so I will address both scenarios.]

Generally speaking, if parents have a custody order in place, a parent’s ability to move out of state (or even to move a far distance within the same state) may depend on what the custody order says about whether either parent is allowed to leave the state or not. If the order doesn’t say anything about moving or if it says the parent cannot move, the parent who wants to move may have to apply in court to modify (change) the order to try to get permission to relocate from the court. Additionally, the state may have a procedure that the parent who wants to move is supposed to follow before going to court, such as sending a notice of the intended move to the other parent that meets certain requirements. [NOTE TO STUDENTS, CHECK TO SEE IF THE CUSTODY PAGE IN THE EMAILER’S STATE HAS A QUESTION ABOUT CAN I MOVE OUT OF STATE AND QUESTION ABOUT GIVING NOTICE TO RELOCATE, IN THE ‘AFTER THE HEARING’ SECTION. IF SO, SAY THAT WE HAVE SOME INFORMATION ON THIS TOPIC ON OUR WEBSITE AND LINK TO IT. IF NOT, SAY: I don’t know what STATE requires so you may want to ask a lawyer for advice in your particular case.]

A lawyer may also be able to discuss with her the specific factors that a judge may consider when deciding whether or not to grant permission for a parent to move out of state (or far away in the same state) with his/her children and how to prove that it is in the child’s best interests to move. [NOTE TO STUDENT: IF YOU LINKED TO THE FACTORS SPECIFICALLY CONSIDERED IN HER STATE FOR MOVING, DON’T INLCUDE THIS SENTENCE: Some factors that some states consider are whether or not the move would significantly affect the other parent’s parenting time, the other parent’s level of involvement with the child, how closely the other parent follows the current visitation order, etc. Again, I do not know if these are factors that a judge in {STATE} would consider or not - but these may be some common considerations that some states’ judges may look at.] In case it is useful, here is a link to the custody information that we have for STATE: LINK

If no custody order is in place (and there are no pending court proceedings involving the child), whether or not a parent is able to move may depend on factors such as whether the father’s paternity has been legally established, whether the state has a custodial interference law that will apply, and other factors. If paternity hasn’t been established, a parent who wants to move may want to ask a lawyer whether or not s/he is free to move under the state’s custodial interference laws. If paternity has been legally established (which can often be done via a child support order, through an affidavit of paternity/birth certificate signed at birth, through marriage, etc.), some states’ laws assume that a mother has custody of a child born out of wedlock but other states’ laws assume both parents have equal rights. I don’t know what STATE laws say about this. Again, it is important to speak to a lawyer who understands your state’s custodial interference laws who can advise her about whether or not she can move based on her specific situation and her state’s laws. If a state’s custodial interference laws do not allow a parent to move away with a child, the parent may have to go to court to file for custody and for permission to relocate. At that point, a judge would consider many factors and may decide whether or not to allow the move. Here is a link to custody information in your state in case a lawyer advises her that she needs to file: LINK Again, I cannot tell you (or her) what to do since I can’t provide any sort of legal advice.

In general, when there is no court permission given for a move and the child is moved to a different state, either parent may still be able to go to court in the state where the child was previously living to file for custody or visitation of the child and a custody case may be held in that state. Depending on the situation and the state, the judge may order the child to be returned to the state during the court proceeding while deciding whether or not to allow the move. The parent who moved may also have to be present in court for the court case unless s/he gets permission to appear in court by phone. Furthermore, in a state where parents are assumed to have equal rights, the fact that a parent moved the children out of state without first getting court permission may negatively impact the parent’s ability to later get permission to move from the court. If the child and parent move, and the other parent doesn’t file anything in court for 6 months, custody/visitation petitions may need to be filed in the new state where the child is living. There may be exceptions to this general rule, however (such as if there were previous court cases regarding the child in a different state, perhaps, and other exceptions). Again, for specific advice, talking to a lawyer is best.