Q: Can I move my child out of state and file for custody in my new state?
I've recently moved to North Dakota from Colorado and my child is living with her father for the time being. He's recently been contacted from social services about her well being and they're concerned about her environment at home with him. Since there never was a parenting plan put in place and him and I were never married, is it ok for me to take her and move her up here?
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A: Has social services opened a court case? If so, you cannot. Does the father agree to send the child to ND? If so, and presuming no SS court case, you should be able to do so. If the father does not agree and there is no private or SS case pending, you could move your child to ND. However, if done without the father's permission, CO will have custody jurisdiction for 6 months after the child leaves and the father could file for emergency orders asking the court to order the child brought back to CO, which could hurt you in the long run in a custody battle. Finally, ND would not have jurisdiction over custody issues for 6 months after child gets there.
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