Legal Question in Family Law in West Virginia

Moving Out of State

I have complete control & custody of my 12 year old daughter, i want to move out of state to Florida, is it legal for me to do this, can my ex-husband stop me from moving?

Asked on 7/05/99, 10:15 pm

2 Answers from Attorneys

D Patrick Zimmerman Law Offices of D Patrick Zimmerman

Re: Moving Out of State

No one has complete control, unless the other parent is dead. In Pa. if a parent wants to relocate in another state, a test is used by the court. The best interest of the child is the prime concern. Thus, is your move going to benefit you so that you are going to become a better parent-ie better job. Are you moving for spite. What is the relationship with the child and the father. What arrangements will be made for the father to see the child? What are the childs wishes? See your laywer, you may find yourself in contempt if you just move.

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Answered on 7/09/99, 3:36 pm
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Moving Out of State

Contact your caseworker at the FOC. In most states if the move is to benefit the child and /or custodial parent and not to thwart the parenting time of the non-custodial parent, courts usually allow the move.

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Answered on 7/09/99, 5:35 pm


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