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Thelawman2, Attorney
Category: Family Law
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Experience:  Attorney-at-Law
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Can a custodial parent move children out of the country

Customer Question

Can a custodial parent move children out of the country without a court order or the other parents permission? Does it matter if they are military? What if they do?
Submitted: 9 months ago.
Category: Family Law
Expert:  Thelawman2 replied 9 months ago.

No, a custodial parent must get either a court order a consent from the other parent. If the other parent consents to the move, litigation can be avoided; if the parent objects, both parents may need to participate in a relocation case heard by a state family court or domestic relations court. When a parent seeks to relocate against the other parent's wishes, the court will only approve a move that represents the child's best interests. A custodial parent desiring to leave the country may be required to give a reason for the move, explain why the move benefits the child and provide a plan for maintaining the child's relationship with the other parent.

Failure to follow this process could result in international child kidnapping charges. The non-custodial parent could have the US enforce the order and bring the child back to the US.

Expert:  Thelawman2 replied 9 months ago.

I hope this has been helpful. Please provide positive feedback.

Expert:  Thelawman2 replied 9 months ago.

Please let me know whether you are satisfied with my answer.