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Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Moving out of state

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I got verbal consent from my son's father prior to making the decision to move out of state. Now, several months later ( and all the plans in place- work, renting my home out, etc). He said he changed his mind. He told this first to my 11 year old son- who told me. Then, to me when i asked about it.
What should I do? I have full physical and we share joint legal custody. I have been the custodial parent my son's whole life.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Based on the facts that you stated, you would need to proceed to court as soon as possible and obtain permission by the Judge, to relocate out of State. The Judge is going to base that decision on the best interest of the child. Moreover, if the father previously agreed to allow it and you relied on that promise, the Judge is going to take that into consideration as well. If you were to just leave the State without permission, the father could go back to court and ask that you be held in contempt, for violating his parental right and leaving the State, without permission. In an ideal situation, you would have reduced the agreement to writing when it was first made, or in the alternative, he would work with you now to agree on terms and conditions, which will still allow him time with the child, during the summer and other breaks, when the child is out of school, like you mentioned above. If you were to just leave with your son, he could lie to the court and try to get you in trouble, which is why you should have the relocation court ordered.

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