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Moving out of state


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#1 numba1momee

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Posted 28 April 2010 - 05:06 AM

I'm a mother of two boys that are 4 and 6 years old. I am the custodial parent and their father only has visitation rights. The boys and I would like to move from West Virginia to Florida. Their father does not pay child support and owes back support to me and to the state of WV. How would I go about getting us moved to Florida? I'm positive a new parenting plan would have to be put into place with the visitation being changed and I'd have to convince a judge it's for the well being of the children to move to another state. Am I correct on this, or can I go ahead and move since I am the custodial parent and then file the paperwork to change the visitation?

Thanks for any and all help... I couldn't find the WV Laws about child custody and moving...


#2 pg1067

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Posted 28 April 2010 - 07:25 AM

"How would I go about getting us moved to Florida?"


For starters, what, if anything, does the existing custody order say about out-of-state moves?


"I'm positive a new parenting plan would have to be put into place with the visitation being changed and I'd have to convince a judge it's for the well being of the children to move to another state."


The first part of this is obviously correct.  The second may not be.  In some states, absent something in the custody order, the "custodial parent" has a presumptive right to move out of state with the child(ren), and it is up to the "noncustodial parent" to demonstrate that the move would not be in the child(ren)'s best interests.


"can I go ahead and move since I am the custodial parent and then file the paperwork to change the visitation?"


I don't know what your current visitation schedule is, but it likely would be impossible to get it changed in time to prevent you from being in contempt of the order if you waited until after moving to start the process.


There could be some severe ramifications to doing this wrong, so you really should speak with a local family law attorney for advice.



#3 FindLaw_Michelle

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Posted 28 April 2010 - 09:47 AM

Here are a couple resources that may be useful in your research.
Contact a  Child Custody attorney (FindLaw Lawyer Directory) for this issue.

Good luck.





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