What Form Do I Need to Relocate With My Children to Another State?
Full Question:
Answer:
The type of form required with depend on the circumstances involved, such as whether a custody order is in effect and its terms. If you are divorced, the divorce decree may require court and/or parental consent to move out of state. It is also possible you may need to have the custody order modified. When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child.
In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child. Interference with custody is a crime governed primarily by state laws, which vary by state, and seeks to protect parental custody against unlawful interruption. It is intended to address long-term interference with child custody rights.
