Homedale, ID asked in Child Custody for Idaho

Q: I have sole and physical custody of my 3 children. Can I move out of state, or do I have to speak with him and the court

He does not have visitation, until he decides to go back to court and to ask for it. He has not been clean does not have a job or house. We just found out We will be moving In mid August because of my job, Which is better pay And more opportunities for my family. And how do I go about this the legal way?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: If you have been awarded SOLE legal and physical custody and father has not been awarded ANY visitation, then BY ALL MEANS, you are free to move anywhere you like. Here are some caveats you might keep in mind however:

1. If you want the bio father to be (eventually) in your children's' lives you should notify him of the city and place you move to after you get there. Why? Because the kids' lives will be damaged if they ask you "why doesn't daddy come see me?" and you have to admit "because I moved and never told him where I moved to."

2. You are not allowed to terminate the bio father's parental rights unless a. He consents to it, and b. you marry someone who consents to step into the shoes of the bio father and adopt your kids. SO, even though he isn't in a good way right now to be a "dad," he'd probably feel pretty bad if you didn't at least tell him where you were moving to.

Best Practice: File a Motion for Change of Custody (Request to Relocate) so you may have peace of mind knowing that you got a COURT ORDER to MOVE and that the bio father isn't going to be successful in filing anything saying that "he didn't know anything!" Good luck!

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