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Is there an action I need to take in order to move out of state with my children since I have full custody of them?
Anonymous1 views4 answers
Children range between ages 5 to 11. There is a temporary visitation order of second Saturday of every month ending on 7/23/2015. After many years of planning, I am finally able to purchase a home in Texas. How will the move affect my children in the future, pertaining to visitation?
Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA ·
Second question I decline.
First question is fundamental in importance. You need to get Court approval for the move away, meaning you either need a stipulation to the terms of such an order or you need to litigate for such an order. Buying an home you presumably can afford to retain an attorney to assist you.
Yes you need to file a move away request for order with the court; having sole custody gives the presumption of your right to relocate but you still needs the court's permission. In the alternatives, you can agree with the other parent and file an order with the court allowing you to move out of the state.
To the previous answers, I would only add that move-away cases are emotional and often ugly and expensive. You can ALWAYS n=move--but I have seen courts change custody to the stationary parent. Don't assume you can do as you please, unless you and dad can work together, which is always preferable.
