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This is definitely a matter that needs to be discussed with an attorney.

If there is already a child support and visitation order in place the custodial parent will need to file a motion to get the court's permission to move the child out of state. The court will make a determination that is in the best interest of the child. It will consider how visitations will be arranged and how they will be paid for so as not to cause financial hardship for the non-custodial parent.

If there is no prior court order and the non-custodial parent has not been paying child support nor spending time with the child the custodial parent can try relocating. However, there is always the chance the non-custodial parent will seek rights and it may be more expensive later on to address this issue.

You should seek the advice of an attorney who specializes in family law in your state who can review your situation and explain your options.

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13y ago
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11y ago

You have a choice. If the children are in their teens you might consider letting sleeping dogs lie--even as hard as it is. The kids will stay in relative contact with you. If you are seriously concerned about their safety, and you have a court order, you can press charges for their return and the parent will be incarcerated. Again if it was contentious and the kids are fine, let it go.

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A custodial parent already has legal custody. If the non-custodial parent has taken the child out of state the custodial parent should contact the authorities immediately and press criminal charges. A parent who would defy authority and violate the law is not a good guardian for the children and the child's safety should be a major concern. If there is an existing custody order the local authorities where the children have been taken can pick them up and return them to their mother. The mother should visit the court with jurisdiction over the case immediately and notify the authorities of the kidnapping. Non-custodial parents cannot be allowed to disrupt families this way.

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14y ago

File an injunction

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Q: What can you do to keep the custodial parent from moving out of state with your child?
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Related questions

Can a non-custodial parent of oregon prevent the sole-custodial parent from moving out of the state of oregon with child?

If he has court ordered visitation and pay child support she will need his and the courts permission to move.


Are there custody laws that would prevent a custodial parent from moving their child too far from the non custodial parent?

Custody laws often vary by state and by circumstance. To find out if you are allowed to move your child away from the non-custodial parent, you will have to ask your attorney first.


If your wife is moving to Louisiana from Florida and you are keeping your child can you get custody for abandonment and not pay child support?

I would check the local laws - In Minnesota, the custodial parent must have permission from the non- custodial parent to move out of state.


Can the custodial parent who lives in 1 state file for child support in the state the non-custodial parent lives in?

of course


Can you use your son as a tax deduction since you are paying child support?

You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.You need to review your court orders and the laws in your state. The custodial parent also supports the child. In some states the custodial parent has the legal right to claim the child. Massachusetts is one such state.


Can the noncustodial parent stop a custodial parent from moving out of state when the child is 14 years old and wants to go?

That depends on whether or not the non-custodial parent is a minor and prevailing law in the state where you live. Contact a family law attorney in your area for specific information.


Can noncustodial parents prevent custodial parents from leaving the state with baby?

A noncustodial parent can prevent the custodial parent from leaving the state with a baby or child. The court will decide if the custodial parent has just cause to leave the state.


Does the child support payment have to flow through the non-custodial parent's state if the custodial parent lives in another state?

It depends on the court order. if there is a court order established then it will usually state the specifics. You can have private child support which means you pay the custodial parent directly or you can have your check garnished and it can be sent from your employer to the court house of the state of the custodial parent where they will distribute it.


Does the custodial parent have to ask the father of the child if she can leave the state?

Yes. Many states require that the custodial parent petition the court and the judge can determine if it is in the child's best interest to relocate the child out of state.


Can a custodial parent claim a child if he is now a ward of the state?

Being a ward of the State in itself means there is no custodial parent, and certainly none that supports the child, which is needed to take the deduction.


How can i Summons the noncustodial parent for visitation?

the custodial parent is the parent the child lives with the non custodial parent is the parent the child does NOT live with the non custodial parent assuming he / she knows he is a parent... is usually the patitioning parent. if he /she chooses not to seek visitation rights the court cannot force him/ her to see the child.... but they can enforce child support. research the laws for your state.


Can a child sue a parent for child support?

Not technically. Child support is for a custodial parent to support the child. Check your state laws.