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    bparkman2011's Avatar
    bparkman2011 Posts: 19, Reputation: 1
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    #1

    Sep 4, 2012, 12:47 PM
    No Geographical restrictions
    If there are no geographical restrictions in a custody order, can someone move the kids to another state without the consent of the other parent without being held in contempt?
    My niece lives in OK, but wants to move to TX. There is a restraining order against the other parent. What is the best way for her to handle this situation?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 4, 2012, 12:51 PM
    Does the father have any visitation rights? If the move would infringe upon his visitation (or make it more difficult or costly), he may well object to the move.
    bparkman2011's Avatar
    bparkman2011 Posts: 19, Reputation: 1
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    #3

    Sep 4, 2012, 02:08 PM
    Quote Originally Posted by AK lawyer View Post
    Does the father have any visitation rights? If the move would infringe upon his visitation (or make it more difficult or costly), he may well object to the move.
    His visits have been suspended, due to current restraining order, which is in place for 6 months, then the case will be reviewed again. If the restraining order is lifted he will regain visitation.
    If during this time my niece establishes residency in TX, can she file custody papers in TX?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 4, 2012, 05:51 PM
    She NEEDS to get permission from the court that issued the RO to move. Since there is pending litigation that court holds jurisdiction and will continue to.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Sep 4, 2012, 06:22 PM
    Quote Originally Posted by ScottGem View Post
    She NEEDS to get permission from the court that issued the RO to move. Since there is pending litigation that court holds jurisdiction and will continue to.
    Assuming the restraining order is considered part of a custody case. If custody of the child is not mentioned, it may be that she is free to move.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Sep 5, 2012, 03:19 AM
    I disagree. Since it was mentioned that the RO and (ergo) visitation is up for review in 6 months. I think a court will consider it in contempt if the mother moves without court permission. On the other hand, I think the court might grant permission if asked.
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