What to do if I moved out of state for school with permission from my child’s non-custodial parent but did not modify custody with the court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I moved out of state for school with permission from my child’s non-custodial parent but did not modify custody with the court?
Asked on January 16, 2013 under Family Law, Oregon
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your custody order did not restrict your residence to a certain state or require you to notify the court of a move, then you don't need to do anything. Everything else stays in place and continues moving forward.
If your custody orders did require you to go to live in a certain state or to notify the court before moving, then you still need to complete the required actions. If your ex- has been cooperating, it may not be a big issue. But if they ever get disgruntled, they could file a motion to enforce the agreement and seek a contempt ruling against you for violating the order. So... the best this is to just fix it while everyone is in a cooperative mood.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Good question. What needs to be done is to have a child custody agreement and order drafted preferably by a family law attorney setting forth the allowance of the move out of state and have it signed by the child's non-custodial parent agreeing to the move.
Once signed, submit the stipulation and order to the court having jurisdiction over the child for signature by a judge and filing by the court clerk.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.