What are my rights if I have full time care, custody and control of minor child and want to relocate to another state?

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What are my rights if I have full time care, custody and control of minor child and want to relocate to another state?

Mother is granted state standard visitation schedule. I wish to relocate to another state. I have sent letter of relocation to her, she does not intend to file an objection, but demands she keeps her visitation the same. However she has never followed the schedule exact. She has no driver’s license and lives in a different place constantly. She receives SSI payments so does not have to pay child support or cover any expenses for child healthcare or any. I have been nice enough to provide all transportation requiring her to least pay gas charges to do so. However, my vehicle is run-down and I borrow my moms to do so. I have strained myself to my limits trying to help her.

Asked on June 29, 2015 under Family Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As you are probably aware, since a custody order is in place you will need to get the court's consent for your move. If you do so without its permission, you will be in contempt of a court and you could be charged with parental kidnapping.

With out of state moves, the burden in convincing the court to allow it is on the party seeking who wants to move. In making its determination, the court will look at the "best interests of the child". In doing so it will consider such factors as the reason for leaving; the motivation of the objecting parent; the advantages/disadvantages of relocation on the life of the child, the likelihood that a reasonable visitation schedule can be arranged for the non-custodial parent, and things of that  nature. The fact is that, a parent who requests a move to another state because of a new spouse or a job will have a stronger case than a parent who wants to move simply to get away from the non-custodial parent.

At this point, you need to consult directly with a lawyer who specializes in child custody cases. They can best advise you further.

 


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