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I have custody of the children, and I want
to
move out of state. Can I?
Maybe. If you cannot work this out with your ex-spouse,
seek advice
from a qualified attorney immediately. Generally, you must seek court
approval before changing the state of residence of a minor child. If
your ex-spouse agrees, the court will rarely withhold its approval.
However, if your spouse will not agree to the move, the court will
consider many factors to determine whether you should be allowed
to move the child from his home state. The less contact your ex-spouse
has been having with your child and the more compelling your need is
to relocate, the more likely you probably are to be allowed to move.
This area of the law is constantly changing in many states, and your
best bet is to consult with a local lawyer. Do remember that it is not
a good idea to move to another state without first obtaining court
approval, and it may even cause you to lose custody of your child.
return to questions
The information contained on this website is
intended to be of a general
nature, and may not address the specific circumstances of a given divorce
case. For specific advice, please contact a local attorney or other appropriate
professional. The provision of information on this website is not intended
to
violate any state or local law or regulation regarding the practice of
law.
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