My kids’ father is in prison and is supposed to be released in September, but he’s being investigated for being with a minor and other things related to her. I have full custody, and I want to move out of state to be near family and take a great job offer. There’s nothing keeping me here. I know some parents leave without court approval, but what happens if I do? Since I have full custody and the parenting plan is changing in my favor in April, does that make a difference?
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RobertGabriel said:
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Your comment was flagged for giving incorrect or misleading legal advice.
- It contained false or inaccurate legal information.
- It did not apply to the laws of the state in question.
- It misunderstood the issue being discussed.
If you keep posting bad advice, you could be banned from this forum.
RobertGabriel said:
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This is really bad advice. Don’t just move without court approval.
If the case against him doesn’t stick, he could take legal action and cause a lot of problems for you. You could end up in contempt of court.
Stick to the legal process.
Do you already have a court date set for April?
Were you ever married to him? Do you have an official custody agreement?
Anya said:
Were you ever married to him? Do you have an official custody agreement?
No, we were never married. Paternity was established through a DNA test. The custody order is being modified in April.
@Charlotte
What does the current custody order say about moving out of state? That will tell you what your options are.
Anya said:
@Charlotte
What does the current custody order say about moving out of state? That will tell you what your options are.
Right now, it says I need either the judge’s or his permission. But since he was the one who pushed for that condition, it will probably change in April.
@Charlotte
Make sure you present your case to the court in April. Show how the move would benefit your child.
@Charlotte
Your best bet is to either get a lawyer to request court approval or wait for the April modification.
If you leave without approval, the judge could order you to return and possibly penalize you for breaking the custody order.
@Anya
The judge can’t force you to move back, but the father could file for custody or demand a stricter visitation schedule.
If he has a criminal record, has been in prison for a while, and doesn’t have a strong bond with the child, his case wouldn’t be strong. If he’s convicted of the charges involving the minor, he would likely lose any chance of winning custody.
But it’s always better to get ahead of this legally instead of taking a risk.