Can I move states if I have legal child custody of my daughter?

I have legal custody of my daughter. Her dad is only to pay child support and has not set up visitation through the courts. I am losing my house and have no other option but to move out of state with family. Do I have the right to go or will there be legal action taken against me?

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Answered By: Law Office of James Bordonaro

Call now: (620) 340-8019

You need to notify him by registered mail at least 30 days before you move or the Court could order you to return the kids to KS. If he objects to the move you will have a hearing set and will have to prove it is in the kids best interests to remain with you and work out how to give father his parenting time.

Answer Applies to: Kansas - Replied: 11/7/2011

Answered By: Roscich & Roscich

Call now: (630) 355-5222

You cannot leave Illinois with your child without permission of the father and the court. You may have an order allowing you to move entered by agreement. If you do not have an agreement, you will need to petition the court for permission. See section 609 of the Marriage and Dissolution of Marriage Act.

Answer Applies to: Illinois - Replied: 11/3/2011

Answered By: Reza Athari & Associates, PLLC

Call now: (702) 727-7777

You need permission form the court but that should be easy to get if there is no visitation in place. Look at your decree of divorce - it almost always contains a provision about the children being removed from the jurisdiction. Of course, as a practical matter, if you just move and no one complains, nothing happens. Maybe you can get a notarized letter from the father saying he does not object to your relocation and that would protect you as well. He is not harmed or even affected by the move if he does not visit the child anyway.

Answer Applies to: Nevada - Replied: 11/1/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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