Can I move out of State with my children?

Not easy. If you’re looking to move out of state with your children, you’ll either need the permission of your spouse or a Court Order. Obtaining a Court Order is called a “Removal Action” and they are rarely granted. Most cases involve a parent having to be transferred for work, or a job opening is in another State, or a new spouse lives in another State (and that new spouse cannot move because of job or other reasons).

I have yet to see a removal case where someone is allowed to move out of State with the children because they simply want to, without any job prospects or new spouse in the other State.

Many factors go into the Court’s consideration when deciding removal, like the ability of the parent to ensure the children have contact with the other parent, and whether or not the children will see benefit by the move. Removal cases require a detailed examination of every aspect of the case.


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