Can you move out of state before divorce?
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Can you move out of state before divorce?
Moving out of state before filing for divorce could hinder your child’s relationship with their other parent. Thus, the general rule is that you can’t move to another state prior to filing for divorce or while your case still pending.
Can I move with my child if there is no custody agreement?
If you have never been married to the father and there is no court order about custody, then you can move out and take your child with you. You do not need court permission to move out with your child. But the father can file a paternity case at any time, and then try to get custody and parenting time or visitation.
Will a judge let me move out of state?
Child Relocation Laws In this situation, the custodial parent will likely have to go to court and ask a judge for permission to move the child out-of-state. These “move-away cases” are among the most difficult types of custody disputes. A judge could even change custody arrangements in favor of the noncustodial parent.
Can I move out of state if I have primary physical custody?
Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children.
Can I move if I have sole legal and physical custody?
If a parent has sole custody, he or she may be able to move if access and visitation rights can be worked out with the other parent, or if the court gives its permission. In those cases, the parent who wishes to move with the child will likely need court approval to change the agreement or order.