moving a child out of state without permission

This is a discussion on moving a child out of state without permission within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; can a parent move a child out of state without the other parents permission?...

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Old Mar 27th, 2013, 08:58 PM   #1
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Default moving a child out of state without permission

can a parent move a child out of state without the other parents permission?
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Old Mar 27th, 2013, 09:30 PM   #2
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Default re: moving a child out of state without permission

You'd need to give a lot more info:
1. Were the parents married?
2. Which parent is asking?
3. Has the father established paternity (if unwed)?
4. Has an order for custody/visitation been entered?
5. Where is this?
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Old Mar 27th, 2013, 09:39 PM   #3
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Default re: moving a child out of state without permission

Please keep all of your related questions in the same thread.

Please see OP''s previous post here: traveling with a child: how much information do they have to give?
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Old Mar 27th, 2013, 10:05 PM   #4
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Default re: moving a child out of state without permission

Sorry but this is a different question this divorce is in Utah and the mother wants to move to California. yes they were married. The mother has Sole custody.
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Old Mar 27th, 2013, 10:44 PM   #5
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Default re: moving a child out of state without permission

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Originally Posted by caytanlee View Post
Sorry but this is a different question this divorce is in Utah and the mother wants to move to California. yes they were married. The mother has Sole custody.
Actually, it's all related.

Who are you in this scenario?

What does the court order say about the custodial parent moving out of state?
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Old Mar 27th, 2013, 11:18 PM   #6
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Default re: moving a child out of state without permission

Sole custody is when the court awards sole custody with no visitation to one parent. This generally happens when one parent is deemed not fit for parenting or has an extended jail sentence. A parent with sole custody can generally move out of state.
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Old Mar 28th, 2013, 07:14 AM   #7
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Default Re: moving a child out of state without permission

I am the step mother and my husband has visitation. she has sole legal and sole physical custody. and the paper work gives guidelines for visitation if another parent lives or moves 150 miles away or further if they can not agree on any other visitation arrangement.
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Old Mar 28th, 2013, 07:17 AM   #8
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Default Re: moving a child out of state without permission

And as far as it being the same question its really not. first question was because she was just going to take him to cali for a couple of days this weekend now she is talking a permanent move. that's a big difference in my book anyways.
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Old Mar 28th, 2013, 09:31 AM   #9
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Default Re: moving a child out of state without permission

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Sole custody is when the court awards sole custody with no visitation to one parent. This generally happens when one parent is deemed not fit for parenting or has an extended jail sentence. A parent with sole custody can generally move out of state.
That is NOT correct! Sole custody may be awarded with liberal visitation provisions. Sole custody means the custodial parent has the right to make all the decisions -- not to exclude the other parent from the child's life.

If one follow this advice they will end up with a Parental Kidnapping charge, hauled back to the original state and in certain cases can end up losing custody of their child entirely~!!
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Old Mar 28th, 2013, 09:33 AM   #10
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Default Re: moving a child out of state without permission

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can a parent move a child out of state without the other parents permission?
Not if they are still married.

If there is a custody decree with visitation provisions, the same applies. The parent who moved defies the court's order for visitation and access of the other parent to the child.

They are in contempt of court, could conceivably be charged with Parental Interference, even parental kidnapping under a certain set of facts.
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