English
Español.V has custody order; can she make out-of-court agreement with A to move
In general, once a court has made a custody order over a child, the court is generally involved in changes to that order. If the order is not followed (even if parents agree to change it), it may be possible that either or both parties may technically be in violation of the order. Whether a court ever finds out about the changes and possible violation, however, may depend on whether or not either party brings it to the court’s attention.
In terms of whether or not parents can make an out-of-court change to a custody order, some parents may try to write up a notarized agreement acknowledging the move and a visitation schedule in the hope that the agreement may try to disprove custodial interference if the issue is later raised. However, if this is something you are considering, you may want to ask a lawyer whether or not an agreement such as this may have any legal effect or not. I don’t know if this type of writing would have any effect in your state with judges, police or the prosecutor if the one parent later accuses the moving parent of custodial interference or violating the original custody order. Also, you may want to ask a lawyer how such an out-of-court agreement could be enforced if one party violates it. Here is a link for free and paid lawyers: LINK
If you do have to go to court, you may want to ask a lawyer how to best prepare your petition to try get permission to move. 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.); that 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. [INCLUDE A LINK TO A QUESTION (IF WE HAVE IT) ON THE CUSTODY PAGE ABOUT CAN I MOVE WITH THE CHILD TO SAY THAT WE HAVE SOME BASIC INFORMATION ON THIS TOPIC IN HIS/HER STATE, ETC]
