The domicile or residence of the child typically cannot be moved from the state without the prior approval of the court or judge who awarded custody. If the custodial parent moves the domicile of the minor child out of the state against the wishes of the non-custodial parent and without the permission of the court, then the court may sanction orders of contempt. An order to permit a parent to move a child from the state is often required before a move can occur especially in contested relocation or move-away cases. The relocation or move-away order may be entered either by consent of both parties or by the court after a hearing.
Often court orders will consist of a convert of domicile provision stating that the custodial parent shall not take off the minor child from the state without prior approval of the court. The reckon for this provision is to protect the non-custodial parent's proprietary to visitation and to ensure that a custodial parent's move out of state is legitimate and the motive is not to frustrate or deny the non-custodial parent way to the minor child.
Child Custody Attorney In Texas
If the parties mutually agree to a convert of domicile and they sign a written bargain known as a stipulation and consent agreement, it may be entered as an order, if beloved by the court.
However, if the parties cannot mutually agree on a convert of domicile, they may either taste the other party for reaching a consensus, attempt to decide the matter in mediation or another form of alternative dispute resolution, or if this is not possible, they may pick to file a appeal in court.
If you have questions or find yourself in a situation where the custodial parent wishes to take your child out of state against your wishes or against a court order, you would do well to consult an attorney in your jurisdiction to help you learn where you stand legally on this matter and to learn what your legal options are.
© 2007 Child custody Coach
Can a Custodial Parent Take a Child out of State?My Links : How to win Custody (for Men & Women)
