Q: Do I need to file a request for order to move out of state with my 16 year old daughter if she lives with me full time?
Her mother pays me court ordered child support and has not attempted to contact my daughter at all since she came to live with me in Feb of 2023. We want to move to South Dakota to be with family in May of 2025. My daughter will be 17 at that time. Our custody agreement states I have to notify her mother in writing 30 days prior to moving and the order is silent on out of state moves. I read that if she disagrees with the move then the burden of proof is on her to show that the move would be detrimental to my daughter. My question is do I have to initiate court action or do I just notify her and wait for her response? I am afraid that she will wait until the last minute to file an objection which would delay us moving on our timeline. The original case was filed in Contra Costa county but we now live in El Dorado county.
Thank you!
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A:
You should start by formally notifying the mother in writing at least 30 days before your planned move, as your custody agreement requires. Even though the order doesn’t specifically address out-of-state moves, providing clear and timely notice is essential.
However, because moving out of state can significantly impact custody arrangements, it’s wise to initiate court action to seek approval for the move. This proactive step can help prevent any last-minute objections and ensure that your timeline remains on track. By filing a request for order now, you establish a clear record and give the court the opportunity to consider the move in advance.
Additionally, since you’ve moved to a different county, you may need to file the request in El Dorado County instead of Contra Costa County. Consulting with a family law attorney can provide you with guidance tailored to your specific situation and help navigate any potential legal challenges.
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