Legalities around relocating with sole custody

[LorenaAZ]

As I near the end of my undergraduate degree, I am looking to continue into grad school.  I have a few schools in mind, and they are all out of state.  I have sole legal and physical custody of my daughter.  Does anyone know what I would have to do (if anything) in order to move out of state with her?  Dad is involved but let me have sole custody because he didn't care/baby was too much work at the time.  Do I have to go through the court?  Do I just notify him? 

[blessingscome]

Check with a lawyer to be sure but with sole legal custody you may be able to move without court permission. I think I remember reading that somewhere but it may be different based on where you live currently. So get advice on this one!

[Kwan*Yin]

I have sole legal and sole physical custody and I had to petition the courts to move away. The dad isn't involved at all. I did it under the guidance of my lawyer. I had to either get written permission from the father or petition the courts. Yes, I'm serious.

[hillymum]

Originally Posted by Kwan*Yin 

I have sole legal and sole physical custody and I had to petition the courts to move away. The dad isn't involved at all. I did it under the guidance of my lawyer. I had to either get written permission from the father or petition the courts. Yes, I'm serious.

Sorry, but that's just crazy!!

[Super~Single~Mama]

Originally Posted by hillymum 

Sorry, but that's just crazy!!

Not really.  I have sole legal/physical too - but ds's dad is VERY involved (I have sole for a good reason - everything would be a major fight if we had any sort of joint, but since I have final say everything can be amicable.  I know that doesn't make sense, but "men" like this don't make much sense), and if I moved away, he would hardly ever see ds and it would break both of their hearts.  Completely in half.  It would be a disaster. 

You need to check your states relocation statute (if there is one), and speak with a lawyer.  It really depends on how involved your ex is, your state laws, and the magic words - is it in the childs best interest?  Talk to a lawyer for sure.

[LorenaAZ]

Thank you, ladies!!  I'll double check with an attorney.

Kwan*Yin,   is it a fairly easy and quick process?? 

[Kwan*Yin]

My  lawyer and I wrote up a move away declaration with all of the reasons for why I wanted to move, how it would impact the children (the school system there, friends and/or family connections etc) and what impact it could have on the father's ability to maintain vistitaion and how I could help facilitate visitation at such a greater distance. The father wasn't involved in my case so we just set up potential scenarios. Once filed we were heard and permission granted and I believe it took around 2 months altogether.

[Super~Single~Mama]

Originally Posted by LorenaAZ 

Thank you, ladies!!  I'll double check with an attorney.

Kwan*Yin,   is it a fairly easy and quick process??

If the father is not involved at all, I imagine it could be fairly quick.  If the father is involved, and contests the move (or files to have custody flipped due to the potential move), it could be a long and arduous process as most court cases are.