Q: Can I move without Father’s Permission?

A: If there is no court order, you can generally move to another state with the child without the other parent’s permission. However, the other parent can file a proceeding seeking custody or visitation in the state you are moving from, which you may have to address. Once the child has lived in a new state for six months without any legal proceeding being filed in the state where the child formerly lived the new state acquired jurisdiction to rule on that child’s custody and parental rights issues.

Most courts look askance at a parent moving to another state with the child as an attempt to avoid jurisdiction and to deprive the other parent of access to the child. Most understand if it is a situation of extreme physical abuse. You will look better to the court if you inform the father of your plans before you move, keep him apprised of where the child is living, and take diligent steps to encourage interaction between the father and the child. Try hard to give the father every opportunity for face-to-face interaction with the child.

There is often a rebuttable presumption that a parent moving away with a child will pay the increased cost of transportation (typically airfare) for the other parent to have direct face-to-face interaction with the child (eventually through a possession order or parenting plan). So factor that cost into your financial planning for moving away out of state.