Q: As a non custodial parent, am I able to move out of state without permission from the other party or the court?
Do I seek mediation once again to modify the parenting time to accomodate an out of state move?
A:
Non-custodial parents may not need court approval, but there are consequences. If the child(ren) stay with you for any overnights, court approval (and likely a modification) is required if you want to continue to see the child(ren). It is possible for a non-custodial parent to leave without court approval/modification, but you likely will have to informally cede any visitation as granted by the current custody agreement (unless you can reach a private agreement with your ex). Spousal consent is never required for a move out of state. You can seek mediation to handle the move (if you can reach an out-of-court agreement the hassle with filing for a modification is negated). Note: child support does NOT stop because a non-custodial parent leaves the state.
You may want to contact a family law attorney.
A: You can absolutely move out of state without permission of the court or the other party. However, if the move affects parenting time you all will either need to come to a new agreement as to parenting time or you will need to file a motion to modify the parenting time to get orders which logically reflect the move.
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