However, many states don’t acknowledge the concept of “sole” custody, and their laws will be very different. Accordingly, you always need to find out your state’s requirements.

You can search online by searching for “your state” and “move out of state child custody” or something similar. If you can’t find anything online, then check with your nearest law library, which is probably at the court house or at a nearby law school.

You might not have used an attorney when determining initial child custody. In that situation, you can get a referral to a family law attorney by contacting your state or local bar association. See Find a Good Family Law Attorney for more information.

Your reasons for the move, such as you have a new job or are getting married. Your intent to come up with a new visitation schedule that works for the other parent. Information about your court case, such as the case number and location of the case (state, county, court name, etc. ) Your signature.

Keep a copy of the notice for your records, and staple the return receipt to your copy.

Your new parenting plan should have a visitation schedule for the other parent, and should identify the place of visitation as well as the dates. [6] X Research source For example, because you are moving far away, you might have the children spend more of their summer or holidays with the other parent.

Furthermore, the other parent might convince a judge in the state you left behind to change custody. The parent can then go to your new state and get a judge to enforce that judgment. [7] X Research source Because you stand to lose possible custody of your children if you move without permission, you should be extra careful that you follow the law.

whether the move will improve the child’s quality of life whether your life as the custodial parent will be improved what effect reducing the child’s contact with the other parent will have on your children how the move will affect the physical, emotional, and other needs of the children

If the other parent rarely visits the child, then keep detailed notes of missed visitation. A judge might be more comfortable granting you permission to leave when the objecting parent hasn’t been involved in the child’s life. [10] X Research source If you are moving for a new job, then gather evidence, such as a job offer letter and proof of increased income. [11] X Research source You should have an actual job offer, not simply be looking. You can also try to show that your child will be in a better school if you move. For example, you could gather information about the new school’s graduation rates and its performance on state-wide tests.

Money might be tight. In that case, you should stop into the courthouse and check if there is a self-help center or family law facilitator you can speak with. You can also try to find legal aid. Legal aid organizations provide reduced-fee or free legal help to people in financial need. Generally, your income must be less than 125% of the federal poverty level. [12] X Research source You can find legal aid by visiting the Legal Services Corporation’s website at www. lcs. gov. Click on “Find Legal Aid” and enter your address.

Depending on your state law, the other parent might have the burden of filing an objection after they receive your notice of intent to move. In that situation, you or your lawyer should receive a copy of the motion. You then will probably have to file a motion in which you explain why the move is in your child’s best interest.

You generally can’t make delivery yourself. Instead, use the same method you used when sending legal documents during your divorce or original child custody action.

The hearing should not be any different than other hearings you have had in the case before. Whoever brought the motion will probably go first and present their evidence. At the end of the hearing, the judge should decide whether to modify the parenting plan and allow you to leave the state.

Typically, you need to get a restraining order against the other parent. Your lawyer can help you file for it. You may also be able to file for it yourself. In some states, you can just leave so long as you call the local police, the county prosecutor, or Child Protective Services within 24 hours to explain why you left. [15] X Research source Ask the lawyer about your state’s particular rules.

Look on the court’s website. Many courts publish their forms online. You can also stop into the court clerk’s office.

Depending on where you live, someone might meet you at the station or at the courthouse and help you complete the paperwork. A judge who is on-call can then grant the emergency restraining order. When court reopens, you will then apply for a restraining order.

Ask when you should return. In some courts, you might have to go immediately in front of a judge to answer questions. In other courts, the judge will review the application and make a decision before the end of the day.

Temporary restraining orders last for only a limited amount of time. Generally, they last only 10-14 days. [17] X Research source Your hearing for a permanent restraining order must be held before the temporary order expires.

home address work address description of what the other parent looks like picture of the other parent (if you have one)

If you win, the judge will sign an order. You should get a copy for your records. See Get a Protective Order for more information on enforcing and extending your restraining order.