• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can a custodial parent move to another state with child?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cwhipmore

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

My question is : Can the parent a child lives with legally move them out of state when the other parent refuses to allow?
There was no "bad blood" between us and no messy divorce (there was never a marriage) but we do not see eye to eye on this issue?
I feel I will not be able to see my child as a result of this. They plan to move to North Carolina from Massachusetts. I just started my relationship with said child and feel this will hinder any parent/child relationship!
Is it illegal to remove a child from the state it currently resides in when other parent will not allow it?
Thank you for any help you may be able to give.
 


futuredust

Senior Member
What is the name of your state (only U.S. law)? Massachusetts

My question is : Can the parent a child lives with legally move them out of state when the other parent refuses to allow?
There was no "bad blood" between us and no messy divorce (there was never a marriage) but we do not see eye to eye on this issue?
I feel I will not be able to see my child as a result of this. They plan to move to North Carolina from Massachusetts. I just started my relationship with said child and feel this will hinder any parent/child relationship!
Is it illegal to remove a child from the state it currently resides in when other parent will not allow it?
Thank you for any help you may be able to give.
Are there any court orders in place, if so, what do they say regarding relocation.
 

cwhipmore

Junior Member
court order or not...

there is no court order placing child with other parent it was a mutual placement..
I have regular week visitations but do not believe I will be able to see child if this move happens.
no court is involved in our family/situation. No need for the to be.
 

futuredust

Senior Member
there is no court order placing child with other parent it was a mutual placement..
I have regular week visitations but do not believe I will be able to see child if this move happens.
no court is involved in our family/situation. No need for the to be.

Are you mom or dad.
 

chronicle

Member
You obviously see a need for a court in your family situation- you are asking if what the other parent wants to do is LEGAL.
 
Last edited:

TheGeekess

Keeper of the Kraken
there is no court order placing child with other parent it was a mutual placement..
I have regular week visitations but do not believe I will be able to see child if this move happens.
no court is involved in our family/situation. No need for the to be.
Without court orders, you have no legally enforceable rights. At this point, if CP wants to move Child to NC, CP can without permission from you.
 

nextwife

Senior Member
Do you have a court order establishing you as parent and establishing a parenting schedule?

You need to file for a move away restriction, and establishment of the practiced visitation schedule as a court order, as there is established status quo for the child spending significant, regular time with you.
 
Last edited:

futuredust

Senior Member
We are not even sure who this is, mom or dad.. that question has not been answered.

And needed to properly answer.
 

stealth2

Under the Radar Member
We are not even sure who this is, mom or dad.. that question has not been answered.

And needed to properly answer.
That actually is NOT the salient question. What is important is not whether this is Mom or Dad, but whether paternity was legally established, and what the custody orders (if there are any) state.
 
Last edited:

futuredust

Senior Member
Could be mom, let dad raise kid, came back into kids life. It happens.

And since the original post seemed to intentionally leave all gender out, I thought it might be good to ask.

The poster has already said there are no court orders of any kind.
 

gr8rn

Senior Member
no court is involved in our family/situation. No need for the to be.

Ummmmm....just a thought. Perhaps this would be a good reason for "there to be". just saying, you want to know if this is legal, perhaps the thought process should be different at this juncture. ;)
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top