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. 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 to FINDING A LAWYER

I cannot tell you specifically whether you can or cannot move, since I cannot give legal advice. I wasn’t sure if there are already any custody or visitation orders in place as part of the divorce proceeding or from any prior court dates, but just in case, I included information on moving when a case involving children is still in court. Generally speaking, if parents have a custody order in place or there are pending court proceedings involving the children, a parent’s ability to move out of state (or even to move a far distance within the same state) may depend on whether or not the judge specifically allows it. In many states, when a divorce is filed, there is an automatic restraining order that goes into place that prohibits either party from doing certain actions, including taking the children out of the state (jurisdiction). NOTE TO STUDENT - GOOGLE THE STATE AND “automatic restraining order divorce leaving state” AND SEE IF YOU FIND INFO ON AUTOMATIC ORDERS THAT GO INTO PLACE AUTOMATICALLY WHEN ONE PARTY FILES FOR DIVORCE. IF SO, PLEASE LOOK UP THE STATUTE AND LINK THE PERSON TO IT AND INCLUDE THIS INFORMATION: You can read STATE’s law here: LINK I draw your specific attention to subsection FILL IN SUBSECTION # THAT SAYS THE PARTY CANNOT REMOVE THE CHILD, which says: COPY THE LANGUAGE THAT SAYS A CHILD CANNOT BE REMOVED FROM THE STATUTE

In general, if the judge doesn’t say anything about moving or if the judge or the state’s law specifically says the parent cannot move, the parent who wants to move may have to apply in court for permission to move, or to modify (change) any current court orders 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 or while there is a current order in place, such as sending a notice of the intended move to the other parent that meets certain requirements. You can find general information on custody in STATE here: LINK AND LINK TO SPECIFIC QUESTION, IF THERE IS ONE, ABOUT RELOCATING. A lawyer may also be able to discuss with you 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. You can see how a judge may make decisions about custody here: LINK

Another issue to consider when there is already a court case for custody or divorce going through the courts is whether moving without the court’s permission may violate any custodial interference laws in the state. You can see STATE’s law on parental kidnapping/custodial interference here: LINK However, these laws are hard to interpret and easy to misinterpret. Again, it is important to speak to a lawyer who understands your state’s custodial interference laws who can advise you about whether or not you can move based on your specific situation and your state’s laws. If a state’s custodial interference laws do not allow a parent to move away with a child, again, the parent may have to file for custody and for permission to relocate in court. At that point, a judge would consider many factors and may decide whether or not to allow the move.