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 you talk to a lawyer in your state who specializes in custody before making any decisions. I cannot tell you specifically whether you can or cannot move since I cannot give legal advice. However, I will try to provide some general, basic information that may be useful.You can find free and paid lawyers in STATE on our website. [HYPERLINK]

[ADD FOR DV] Also, there is an organization called the Legal Resource Center for Violence Against Women, which specializes in interstate custody matters involving current/former intimate partners when there is a history of abuse. They give out information/advice and they can try to help find an attorney in any state to represent someone on an interstate custody matter or to give advice on whether or not a move out of state would violate your state’s parental kidnapping law or not. Their number is 301-270-1550.

Often, when parents have a court order for custody, the order might already say 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 may have to apply in court to modify (change) the order to try to get permission to relocate from a judge. The state may also have a procedure that the parent 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. I don’t know what STATE requires, so you may want to ask an attorney for advice in your particular case.

[NOTE: CHECK IF WE HAVE A QUESTION ON THE CUSTODY PAGE ABOUT MOVING OUT OF STATE IN THE ‘AFTER THE HEARING’ SECTION - IF SO, ERASE THE PRIOR SENTENCE AND INSTEAD, SAY:] We do have some information on our website about the process for moving out of state, according to your state’s laws. [HYPERLINK] However, you may want to still talk to an attorney for advice in your particular case.

If you think the other parent may agree to the move, then you may want to ask an attorney if it would be possible to get a judge to change the custody order. An attorney can also tell you if getting notarized consent from the other parent to allow the move may be enough without going back to court. [ERASE THE PRIOR SENTENCES IF DV INVOLVED/ WRITER SAID OTHER PARENT DOES NOT AGREE]. If you think the other parent will disagree, then you may want to get advice from an attorney on the best way to proceed with your petition. An attorney may be able to tell you if a judge may consider factors such as:

• whether or not the move would significantly affect the other parent’s parenting time.
• what is the other parent’s level of involvement with the child,
• how closely the other parent follows the current visitation order or doesn’t follow the order.

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. You may want to discuss the specifics of your situation with an attorney to find out if what would be relevant in your situation. [DO NOT INCLUDE THIS PARAGRAPH IF WE HAVE QUESTION ON THE CUSTODY PAGE ABOUT MOVING OUT OF STATE IN THE ‘AFTER THE HEARING’ SECTION]

If an attorney tells you that you need to get permission from the judge to move, you may want to ask an attorney how to prove to the judge that moving is in the child’s best interest. Some possible things parents may generally show as reasons for a move are that:

• the child would be attending a better school (e.g., if the school is ranked higher that a child’s current school, is safer, etc.);
• the parent and child would be in a better economic or professional situation; that there is extended family support there;
• the neighborhood is safer, etc.

In terms of your specific situation, you may want to get an attorney to advise you on how to best present your argument for moving, what information you can gather, etc. Again, I can’t say for sure what the judge in your state will consider. These are just some general examples that may come up in some parents’ situations. [DO NOT INCLUDE THIS PARAGRAPH IF WE HAVE QUESTION ON THE CUSTODY PAGE ABOUT MOVING OUT OF STATE IN THE ‘AFTER THE HEARING’ SECTION]

Again, we strongly suggest that any parent who is thinking of moving with his/her child talks to a lawyer in his/her current state who specializes in custody before moving. You can also find custody information for STATE on our website. [HYPERLINK]