Q: I live in Idaho and my ex lives out of state. I am wanting to move to Utah. I have sole physical and legal custody.
He has supervised visitation but hasn't seen our child since 2017. Do I have to inform him of the move or can I just take our order and file it down there? Our order doesn't mention anything about moving.
A: Just to be on the safe side: I would file a Motion for Permission to move. If you move to UT without informing your ex, all you're doing is giving him ammunition that he didn't have before. Once you file your Motion for Permission to Move, and send the father a copy, what do you think he'll do? Will he fight you? If he does, all he can do is admit that despite knowing where you and his child lives, he was too lazy to visit. But if you move without telling the father, you're giving him a chance to say that you've been hiding or somehow preventing him from seeing his child since 2017 and now you're moving the child to UT, further alienating your child's love and affection away from a father that loves his child! It's always better to get the court on your side by not taking custody into your own hands!
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.
