Can I move out state with my children if I am physcially abused? - Child Custody Law Questions and Answers- LawQA.com

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Can I move out state with my children if I am physcially abused?

I have become the victim of physical abuse, I need to know if I can move out of state with the kids?

Answer By William Spern

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As long as the children are not wards of a court by virtue of a divorce, you may move anywhere in the world. If the children are subject to a custody order, you must seek approval to take the children from the state.

Answer Applies to: Michigan
Replied: 12/11/2011

Answer By Maury Beaulier
Beaulier Law Office
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You cannot relocate out of state with minor children unless you have a court order allowing that relocation or consent of the other parent who has a parenting schedule.

Answer Applies to: Minnesota
Replied: 12/2/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
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Probably. However, you are still going to have to follow the relocation act procedures before you can move.

Answer Applies to: Washington
Replied: 12/2/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Do you have any court orders? If so, those orders either contain a geographic restriction or they do not. If there are no orders, you can move, but you risk Dad coming in and filing a divorce or a suit affecting a parent-child relationship here and asking the court to order you back before you can establish residence in the new state. That said, if you have proof of the physical abuse, you probably want to do this here anyway. Texas has zero tolerance for physical abuse and you will get sole managing conservatorship if you can establish his physical abuse - unless you have been physically abusive too, in which case all bets are off. Do you currently live in Collin or Dallas County? If so, please give me a call, I would love to discuss this matter with you. Otherwise, you should consult with a local lawyer and decide what is best for you at this moment. Without knowing all the details, such as what state you plan to move, family connections here and there, etc., I would recommend a legal custody battle here before you move.

Answer Applies to: Texas
Replied: 12/2/2011

Answer By Zephyr Hill
Goldberg Jones
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Unless there is an order that prohibits your movement, you are allowed to go anywhere you want with your children. Once an Order is in place for custody and visitation it is likely you would not be allowed to move with the child without first getting permission from the other parent or the court.

Answer Applies to: California
Replied: 12/1/2011

Answer By Barbara Peyton

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Depending on what your current order for custody says and depending on whether you can prove the abuse, you need to give notice to the other side of your intent to relocate, The other side may then file an appropriate motion for a court order concerning your desire to move away.

Answer Applies to: California
Replied: 12/1/2011

Answer By Mack Taylor

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So long as there is no prior court order prohibiting you from leaving the state or limiting your visitation rights and you have legal custody.

Answer Applies to: Georgia
Replied: 12/1/2011

Answer By Arlene D. Kock
Law Offices of Arlene D. Kock
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You should file for restraining orders to get protective orders as well as to permit the move.

Answer Applies to: California
Replied: 12/1/2011

Answer By Richard A. Gray
Odin, Feldman & Pittleman, P.C.
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Is there a court order in your case determining custody and visitation? If so, they normally require 30 days advance written notice to the court and to the other party of any intention to relocate. If there is no court order preventing the relocation, then you can certainly move but the other parent may seek to have the court order you to return the children to Virginia. Whether the other parent could or would prevail on such a motion would depend on the facts of the case as they are presented to the Court.

Answer Applies to: Virginia
Replied: 12/1/2011

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