We're planning on moving out of state need advice....

Ashley - posted on 05/23/2010 ( 7 moms have responded )

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My husband shares legal custody of my SS with his bio mom, were planning on moving from MD to FL within the next year. Does anyone know what steps we need to take within the courts(if any) to make this move? Im not sure if we even need to go through the courts to change around the order of custody,however we know that the order would have to go from every other weekend to a few weeks during the summer but we didn't use a lawyer in our orginal case and now can not afford a lawyer so if anyone has dealt with this any and all advice is greatly taken....

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Mimi - posted on 05/26/2010

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i'm from VA and now live in FL. I have physical custody of my son and i moved to alabama in 2007. the courts told me that all i had to do was give them my new address and let the father know where i was going, which was no problem. i moved form alabama to fl last year when i got married and did the same thing. told my son's dad where i was moving and the courts have my new address here. you don't need a lawyer to go to family court, by the way. in family court, it's pretty simple the judge goes by the guidelines for the state, makes the visitation arrangements if the parents can't agree on their own. good luck with your move.

Sarah - posted on 05/24/2010

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My husband and I recently went throught the same situation about a year ago when we moved from Michigan to West Virginia. In Michigan anyway, we had to file what they call a change of domicile form with the courts to obtain permission to move. Once that is filed a court date is set and you appear in from of the judge and plead your case as to why you want to move. However, if both parties do agree to the move both parties involved can file an agreement with the court that is signed by both allowing the move to occur and then you don't have to go in front of the judge.

Jannel - posted on 05/23/2010

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We are in FL and are going thru the same thing. My husband has primary residential custody of the 2 children from his previous marriage. Every state is different, so check with your local clerk of court. I know here we had to file and serve what is called a 'Notice of Intent to Relocate' with the courts and on the bio mom. She then had 30 days to file a response with the courts. She ofcourse objected, so we then had to file a "Hearing Request" and are now awaiting a hearing date and time for the courts to decide if we will be allowed to relocate or not. Good luck!

Ashley - posted on 05/23/2010

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we have custody of my SS so bio mom is the one who gets the vistation and such we just want to make sure with my DH having joint legal custody that if we move with SS out of state hes not in contempt or anything like that IM going to call the courts MOnday to get some more information

[deleted account]

Well if you guys don't get along she probably won't agree to something in writing. Unfortunately you might have to go to court to make sure you still get to see your SS after the move. But I think you can file stuff yourself without an attorney.

Ashley - posted on 05/23/2010

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No we dont get along with BM she is one of the many reasons we want to make this move....shes crazy, and alwasy wants to make everything a fight. But thanks for the advice

[deleted account]

I'm not sure about the legal stuff. You could probably talk to a legal aide. We live eight hours from SD. Here is roughly our parenting plan: We travel up there once a month for weekend visits. We pretty much alternate Thanksgiving, Christmas, New Years, and school Spring break and we will ultimately get her for 6 weeks during the summer in our state. Do you guys get along with BM? Would she agree to a change in parenting time in writing? If so maybe you could both sign it and get it notorized. Sorry I'm not much help.

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