I have already went to court with my kids father and I have a restraining order on him… he’s currently incarcerated and has been for over a year… My question is can I get in trouble for moving out of state with our child even this I have FULL EVERYTHING and he has no custody or visitation rights…
I would double check with a family attorney (one that can do free consults). But if his parental rights have been terminated then there should be no problem. Now if he still had parental rights and visitation then you would have to get a judge’s permission. Im my state neither parents are allowed to void their parental rights and I have to have court permission to even move out of the county, let alone the state.
Help a mama out and respond anonymously on our forum. Can I get in trouble for moving out of state?
No if you have full custody you will be able to move any where you want
It sounds like no but why would you not just mention it to your lawyer to cover your bases
Ask a lawyer not facebook
If you have sole legal and physical custody then no, you won’t get in trouble.
Shouldn’t this be a question for your lawyer?
She’s asking here BC maybe someone has been in her situation BEFORE SHEESH!!!
I had sole custody at some point and I still would have gotten in trouble because of the wording in my court papers, so I would check those first, and if they aren’t specific, ask a lawyer/petition the judge to be specific or grant the move so you are covered either way.
Call courthouse and ask. Document all names and dates
If it don’t say in tour paperwork then no you can’t get in trouble but I would ask your lawyer if you have one just in case
I’d be no longer legally a guardian of your child? Does he not have visitation and custody temporarily just because he’s incarcerated. Who’ll it resume once he’s out? I would ask an attorney definitely not Facebook.
Ask your lawyer, some times the other party can add a no leaving the state to the court order which there fore would get you in trouble.
No you have full custody so legally you make all the decisions and he has no parental rights. Double check with your state. Does the restraining order cover the kids too or just you?
If you have sole custody and he has no visitation, you can do as you please.
Consult a lawyer and the social worker on your case and call the DHHS in your state and request the exact regulations governing this situation.
No you can’t get in trouble. As long as it has been to court and there are no legal rights to the child by the father, you are free to go
Check your paperwork… unless it specifically says you can not change state of residence you’re good to move wherever your heart desires… just be sure to keep your address updated with the court and child support.
I would ask a lawyer. I had full everything but I still had to stay 1 hour with in the material home address. Dad never had contact and was MIA. every situation is different. It’s all in the wording of your paperwork/ court order
If you have sole, no visitation, then no. Just let the courts know about the move
You need to check the wording in your order. When he gets out can he ever petition visits? There’s alot going into this. I’d ask.your lawyer
You can move. If he wants to fight you for visitation or rights when he gets out and restraining order is lifted he will have to go to your state to do so. However, I am not a lawyer so it’s always best to double check with your legal team.
It’s different in every state. Texas you must notify the courts.
You shouldn’t but to protect yourself just let the court know you’re moving. They won’t stop you
I was told by my lawyer (Florida) that I was able to leave the state because I did not have my daughter’s father listed on the birth certificate, so in the eyes of the law he had no “rights”. He needed to establish paternity and we would revisit the issue, he NEVER followed up on that and I haven’t heard from him since & that was 10 years ago almost!
You have the right to move . You could ask permission but it’s not necessary
Check with your lawyer. We don’t know what your legal paperwork states, what state your in, nothing.
No. I moved from VA to PA and took my kid with me.
In Missouri if your married and take a child out of state it’s considered kidnapping. Unless his parental rights have been taken away… Restraining order or not he still has rights.
No you can’t get in trouble not at all …And take him for child support He lost him not you …also you can file taxes on your child and get that to …Good luck on moving …
No, not if you have full custody (sole physical) and he has no visitation as you stated. Then you aren’t restricted to stay in your state.
Ughhh I don’t think so…
If paternity has already been established, then you have to have the other parents consent to leave the state. Could be different across the states. But, you may want to dot your I’s and cross your T’s before you make a bid move.
You need to talk to a lawyer. You need court’s permission or you can be charged with kidnapping
No you can go wherever you want.
Check your court order .he still has rights even though he has no custody.
Check with your lawyer 1st on matters of this every state has different rules and although he locked up if his parental rights haven’t been fully revoked his parents or siblings if any will have you in court on his behalf
With a restraing order and you have legal custody you can move to another country if you want…good luck and I hope you find peace and happiness
Every situation is different. I’d file a motion with the court to relocate to cover your ass in every facet.
In the event you do move and he gets out and he decided to “do something”… he can have a protective order placed on the child and you will have to return the child to the state of “origin” within 24 hours. Save yourself grief- hire an attorney & do the proper paperwork.
From Florida, live in TN…I have sole custody with no time sharing and can go anywhere we want… Child support just asks that I keep my information updated with them.
I’d ask a lawyer instead of Facebook
Talk with an attorney. Every family court case is different which means what can and can’t get someone in trouble is different. For peace of mind check with an attorney. Officers aren’t fully trained on ins and pairs of family court proceedings and what can and can’t get someone in trouble. And then find out what needs to be done once you move. If you need to refile anything if the new state is now the home state etc
If you have full custody it’s your choice I believe, but I would suggest talking to a lawyer who can review the court orders to make sure.
You should still get consent through the court your orders were made I would think
You should be throughly check your court order. If you don’t have an order you can move with no issues
Read your paperwork. Even though you have full everything unless his rights are terminated, I believe you would need his OK. Now this isn’t to say you can bring in front of a judge or file paperwork requesting the move and plead your case. If it’s in the best interest of the child, hopefully you will be allowed to.
Read your paperwork and ask your attorney. A lot of states do different things
You should be fine. As long as there isn’t a court order in place. With my two oldest, it was in the agreement that if one parent wanted to move out of the state of MD, we needed the other parents consent. But if you have sole legal, sole physical custody and there isn’t anything saying you need his permission, then you should be fine.
I had to go before a judge and explain how moving to a different state would be beneficial for my son.
If you have full legal and physical custody, and he has no visitation rights set up, then move. If you want to check with an attorney you can
Call the court house.
This is a question for you lawyer not Facebook. Your lawyer knows your specific case and what your state laws are about that.
No if he’s in jail. I had s protection order for me and my child and I left the state a d never came back . Been ten years now and nothing happened. When he showed up here they arrested him. If u have full custody and he has no visitation there’s nothing he can do. Especially Especially a protective order. Cdv cases r different than ur average custody battle.
Should say in your court papers if you can move or not. Speak to a lawyer.
Usually you have to notify the court. It will state if you have to in the court papers
No. You can move anywhere you want to.
As a paralegal, my best advice to you is to talk to the attorney that handled your case for custody
Just because you have full custody doesn’t mean the father has no right to visitation unless it’s in the orders. Get clarification from an atty and the court
I’d hope not but ask an attorney and keep a record just in case.
You have to notify the court and him
This all depends on your court order, the state you live in, and where you’re moving. You need to contact a lawyer or the court and see what you should do
Check with an attorney or the court, i had full custody and he had no visitation order and i had to go to court to be able to move out of state. Its an easy process I just had to say why it was better for us to move. Took about 15 min and it was granted.
You have to get permission from the courts and when you do u can transfer your case to the new place
you can definitely move but you do have to notify the court due to the kids/ address change.
I’ve been granted full permission as we have no custody order, a restraining order and he’s a registered offender against children. However, your case may be way different from the circumstances I have. I’d consult an attorney.
Dont see why moving would be a problem if he has a restraining order and no rights to his children…id still ask a lawyer though
Just to be sure, check with an attorney, but I wouldn’t think so.
I would ask an attorney but if you have sole custody he has no visitation rights even without being incarcerated you should be fine but definitely consult just to be safe
Typically when the father has no rights or visitation there isnt a limitation on where you can live. Especially with a restraining order. Consult a family court lawyer. Some give free consultations. Each state is different so be sure before you move.
Ask your lawyer before doing anything
I have a permanent restraining order against my ex with full everything and was told by my lawyer I could move out of state go wherever I wanted. My ex isn’t incarcerated either. You should be fine.
Write the judge and tell them. Been there and I told judge it was due to needing family support and better job opertunity
My son’s donor (Yes I said donor) has been incarcerated for almost 10 years now… I refused to let my son have any communication with his donor because his donor decided to do what what did and didn’t care about my son when he did it. I moved out of of our home state last summer and I didn’t go to court or inform the donor. He has no rights to my son, Not even on the birth certificate.
You may just have to file a paper with the courts
I’d talk to a lawyer my ex was in jail with no rights and still had to return with in 48 hours or was looking at kidnapping I just needed a court order
Id check with a lawyer just because it never hurts to ask but if you have full everything with no visitation then i don’t think you’d get in any trouble. The whole reason they have that rule is just because if a parent has visitation rights then they have to have access to their child
Most often you still have to petition the courts and ask them to relocate out of state
No. You are allowed to go where you want
If u have full everything shouldn’t be an issue
First check your decree… make sure you don’t have residency restriction and have full managering conservatorahip… if you read through it and have no restrictions… then you can move without issues
Please don’t do this, I did it an hr away same situation and had to relocate back once he came out.
My ex has no rights, doesn’t pay CS, and abusive and that’s why I have everything and asked for no CS so he doesn’t feel he has say. I still have to live within so many miles of him, and if I move I still need to tell him, and if its out of state I need to send him registered letter an go to court for him to accept or deny it. Its been almost 8 years an I still need to do this per my state. So I would contact your lawyer and write letter to judge and ask, and explain Dean for move (ex better job, Close to family, better opportunities). I wanted to move as our lives were being threatened, I was being harassed (past not ex) any son special needs and wasn’t getting support in school an I found a great place and school and protects DV SA survivors but my state said I still had to tell him.
Depends where you live. Double check with a lawyer to be sure. Can’t be too careful when it comes to this.
It doesn’t matter if he has to rights…he’s still legally the father… do not move within going to court to get the move okd and granted, and following their guidelines.
Ask the people who gave you full custody
Not sure ask your lawyer or the court or judge
Talk to a lawyer or the courts
Look at your order most say if you can move more then 100 miles from the listed address
Your best bet would be to call a lawyer and find out just to cover your ass.
Nope, I did the same thing
That’s a question you need to be asking a lawyer not random people on Facebook
Go you can’t get in trouble
Most child support & custody orders state that mom needs permission to leave their country, state or further than so many miles. If you have a court order check it. If there’s order then you’re free to do what you want.
Ask a lawyer or ring the court and ask.
No… As long as you have housing there’s nothing noone can do. I’ve already gone through this and I have joint custody.
Go back to court and find out exact laws in your state. Each state is different.
I was allowed to move anywhere as long as I had housing. Divorced parents live in separate states all the time. It’s no different
You need to consult a lawyer. Not a mom blog group on Facebook.
No u have legal custody fully he has no right or visits with them forever. I would be gone long time ago…
Go while he is in custody… same exact thing… it turns to No as soon as he is out… unless a judge signs off
Odds are probably no. I’m sure you can petition courts for hardship if it’s a move for a job etc. But always get written permission. Trust no one.