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  1. #1
    Join Date
    Oct 2015
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    Default Moving Out of State Before There is a Custody Order

    My question involves a child custody case from the State of: nevada

    If neither parent has court ordered custody of the children, but the one who has had the children since they were born wanted to move out of state could they get in trouble for moving. There has been no court order for child custody.

  2. #2
    Join Date
    Feb 2014
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    RTR/WDE
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    1,724

    Default Re: Moving Out of State Before There is a Custody Order

    No, but the other parent could go to court and have it compel the return of the children until custody/visitation and child support are settled.

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Moving Out of State Before There is a Custody Order

    Quote Quoting angie tuck
    View Post
    My question involves a child custody case from the State of: nevada

    If neither parent has court ordered custody of the children, but the one who has had the children since they were born wanted to move out of state could they get in trouble for moving. There has been no court order for child custody.
    Watch Dad file for custody and at best you're going to be going back to Nevada to fight it out in court.

    Post hx, folks.

  4. #4
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Moving Out of State Before There is a Custody Order

    If you move first and don't Rock any boats for about 6 months or whatever it is to be a resident in new state...then you can file under jurisdiction and rules of new state .

  5. #5
    Join Date
    Aug 2015
    Location
    California
    Posts
    77

    Default Re: Moving Out of State Before There is a Custody Order

    I've been reading the responses to both of your posts and I have to say that I really feel bad for you. You're in a pretty rough situation here. I understand you desire to move away since it doesn't sound like you have a place here to live. When we get in a bind it's generally our parents that we run to and yours can't legally help you in the way you need. If you continue to stay with them they could lose their home and the benefits that they are receiving. You have one child under 1 and another on the way so it's a stressful time.

    The answer to your question though is yes. You can pack up and move your kids anywhere you'd like right now. Dad has no custody orders so ya, if you feel you can provide a better life for your kids somewhere else then go. As soon as you hit the 6 month mark at that location you need to refile your child support case in the new state. Keep in mind, your ex could absolutely fight for his rights. This will could cost him some money so only you know him well enough to know if he'll turn this into a battle. Based on what you've shared with us however, I don't think he's interested in his children and the likely hood that he would get custody is probably a stretch.

    And as far as your other post about getting support from him, I doubt you'll see a dime since he has other children he supports and doesn't seem to be able to hold a steady above the line job. If he doesn't have it, you're not going to get it. You're going to have to do what so many other mothers do, pull up the bootstraps and work two jobs or as many as it takes to support yourself and your children. It's not easy but it's absolutely possible.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Moving Out of State Before There is a Custody Order

    Quote Quoting christielyn
    View Post
    I've been reading the responses to both of your posts and I have to say that I really feel bad for you. You're in a pretty rough situation here. I understand you desire to move away since it doesn't sound like you have a place here to live. When we get in a bind it's generally our parents that we run to and yours can't legally help you in the way you need. If you continue to stay with them they could lose their home and the benefits that they are receiving. You have one child under 1 and another on the way so it's a stressful time.

    The answer to your question though is yes. You can pack up and move your kids anywhere you'd like right now. Dad has no custody orders so ya, if you feel you can provide a better life for your kids somewhere else then go. As soon as you hit the 6 month mark at that location you need to refile your child support case in the new state. Keep in mind, your ex could absolutely fight for his rights. This will could cost him some money so only you know him well enough to know if he'll turn this into a battle. Based on what you've shared with us however, I don't think he's interested in his children and the likely hood that he would get custody is probably a stretch.

    And as far as your other post about getting support from him, I doubt you'll see a dime since he has other children he supports and doesn't seem to be able to hold a steady above the line job. If he doesn't have it, you're not going to get it. You're going to have to do what so many other mothers do, pull up the bootstraps and work two jobs or as many as it takes to support yourself and your children. It's not easy but it's absolutely possible.
    We seem to be reading different posts.

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