As a professional, I have researched and written the following article on „can I move out of state if there is no custody agreement.“
Divorce and separation are never easy, especially when children are involved. When parents live in different states, co-parenting becomes even more difficult. But what if there is no custody agreement in place? Can one parent simply pick up and move out of state with the children?
The short answer is no. Without a custody agreement, both parents have equal rights to their child/children. One parent cannot make unilateral decisions about where the child will live without the other parent`s input and agreement.
The best course of action is for both parents to come to an agreement on custody, visitation, and relocation if one parent wants to move out of state. This agreement should be in writing and submitted to the court for approval.
If the parents cannot come to an agreement, the moving parent may need to petition the court for permission to relocate with the children. The court will consider various factors such as the reason for the move, the child`s relationship with each parent, and how the move will impact the child`s life.
It`s important to note that moving out of state without a custody agreement or court approval can have serious legal consequences. The non-moving parent may file a complaint with the court, and the moving parent may be ordered to return the child to their previous state of residence.
In addition, the court may see the non-moving parent`s complaint as a sign of the moving parent`s intention to interfere with the child`s relationship with the non-moving parent. This could result in the moving parent losing custody or visitation rights.
In conclusion, if there is no custody agreement in place, one parent cannot simply move out of state with the children without the other parent`s input and agreement. It`s best for both parents to come to an agreement on custody and relocation in writing and submit it to the court for approval. If an agreement cannot be made, the moving parent may need to petition the court for permission to relocate. Moving without approval can result in legal consequences and may negatively impact the moving parent`s custody or visitation rights.