Q: I got approved to move to Oregon with my son, with COVID there are no jobs! How difficult is it to change state?
I have full legal sole and physical custody of my child (hes 12)
I was awarded full legal sole and physical custody
CPS took him off his mother and gave him to me because shes an alcoholic
I currently live in the SF bay area
I just got approved to move to Portland 2 weeks ago
I have been applying for jobs there and nothing is coming through because of COVID
I did get an offer of work in Michigan.
what is the process now if I decide to take the job?
Do I need to re-file another motion? Where?
Can I just let his mother know that we're moving for a good job opportunity and go?
What would happen if I did?
(I would hate to see a wasted opportunity)
A: If the judgement in your child custody case states that you have sole legal custody and sole physical custody, you do get to decide where your child lives. However, you not want to be accused of kidnapping your child so I highly recommend that you schedule an appointment with a family law lawyer who can read the judgment with you and discuss all of its terms. Without a judgment that clearly states you have sole legal custody and sole physical custody of your child, you will have to request a "Move-Away Order" from the court or get the mother's written consent to move. If you need to get her consent, you should have it prepared as a "Stipulation and Order" which can be submitted to the court for the judge to sign and make into a court order. Congratulations on the new position!
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.