Can You Move Out Of State If There Is No Custody Agreement

Some states allow a transfer of custody based on distance. For example, if the new site is located at a certain distance (for example.B. more than 100 miles), the court may refuse relocation, even if it is within the same state. Suppose again that your ex-husband will not accept your move to Seattle with the children. You file a case in which you ask the court to decide custody. If you have never been married to your father and there is no court order on custody, you can move and take your child with you. It`s legal to do that. You do not need judicial authorization to move with your child. A custody decision can only be taken in one State. As soon as the first State makes a custody decision, another State cannot make another “initial” decision or modify the existing injunction.

The problem is that judges do not like parents to take drastic measures regarding children without prior agreement or hearing. Most judges wouldn`t kindly watch a parent step down from the state without first taking care of custody. Such short-term measures could have long-term consequences. It may be easier to get around if the other parent has a minimal visit, but that doesn`t mean you can just come and go. They must always either enter into an agreement with the other parent or obtain permission from the court with an amended order. Of course, you could take the risk and move without changing the order. But in the long run, it`s probably going to hurt your case. You may be subject to the sanctions mentioned above, and you may also have to ask the Court to forgive your actions. Ex parte custody actions are allowed so that parents cannot jump from one state to another with their children.

To avoid this problem, jurisdiction is appropriate in the State where the child has resided for the past six months. Otherwise, there would be no way to control the movement of children or to determine which state could issue custody orders. If you want to move because you`re afraid for your child`s safety (or your own), there are emergency remedies under Tennessee law. You should talk to a lawyer about your possibilities. While you may be allowed to move without a custody agreement, even if you think you or your child is in danger, moving your child away from their other parent without a court order could put you in trouble. These types of scenarios are usually very fact-specific and you need to make an informed decision based on legal advice tailored to the unique circumstances you face. Second, discuss your situation with your lawyer. Each district and judge will have a different approach to relocation. Your lawyer will know how these types of cases are usually handled in your district.

You may be at the mercy of the judge, but it is rarely to your advantage to travel first and ask questions later. Both parents can accept the move. If both parents can agree on a new custody agreement, they can sign a written consent agreement and bring it to the judge for judicial approval. If the amended agreement is in the best interests of the child, it is likely that the judge will approve the agreement and adopt a new custody agreement that provides for the extra-state agreement. . . .