Legal Information: General

Custody

I am moving and I want to transfer my case to the new state where my child and I will live.  How can I do that?

The first thing that’s important is to talk with an attorney about the state parental kidnapping and relocation laws in your current state. If it is legal for you to move across state lines with the children under those laws, and you wish to transfer the custody matter, you can file an “inconvenient forum” motion in the original court with the help of your attorney, which asks the original state to transfer the case to the state where you want to move to. However, it’s important to talk through your chances of success with your attorney to decide whether or not it makes sense to file the inconvenient forum motion in your case. (You don’t want to offend a judge who may end up keeping the custody case and making a decision about your children.) When deciding whether or not to transfer a custody case, a judge will consider the factors listed in What factors will a judge consider in deciding whether the new state would be a more convenient forum (place) to hear the case?

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