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Roger
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Category: Family Law
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my divorce decree doesnt state i can not move out of state.

Resolved Question:

my divorce decree doesn't state i can not move out of state. I can not get the non custodial parent to give consent. After giving him written notice and filing the proper paper work to the courts am i allowed to move to the other state before the court judgement. The move does benefit the children more than staying in the current state. Better job, both non custodial and custodial families live in the other state as well as my significant others.
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

If your divorce decree doesn't require you to get permission to move out of state, you may still have to get permission if it impacts the other parent's visitation rights, etc.

 

You're much better off to file a petition for permission for authority to move to prevent the father from objecting AFTER you make the move and face the possibility of having the judge order you back.

Customer: replied 2 years ago.
the decree doesn't state that i have to stay in my current state but it does state that after he is given written notice and doesn't agree then i have to file a motion to relocate children. Do I have to wait until the judge allows it or can i move while the court hearing is pending. In my county i was told it can take up to 9 months and my family and i can not wait that long. I do understand that if i move i could be told to return to my current state but that would be impossible because i have no family or anything out here everything is in the other state. Sorry for the repeated question but i really need a yes or no direct answer thank you so much.
Expert:  Roger replied 2 years ago.

No problem. Ask as many questions as you want.

 

If the decree says that in order to relocate, you must either (1) get the father's permission, or if that doesn't happen, (2) file a motion with the court for approval to relocate, you would have to wait until the court rules on your request before moving.

 

If you move before, he could file a motion to hold you in contempt. The only thing you could do is request a temporary order until the judge hears the matter. If your attorney can get this approved, you could move at least until the hearing.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26112
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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