Legal Question in Constitutional Law in Wyoming
freedom to live whereever you want
Can you give me any landmark cases or reference materials for backing up a decision to move to another state with your children during a custody case? I have custody of the children. Can a judge order that you have to live in a certain State?
2 Answers from Attorneys
Re: freedom to live whereever you want
This is the law in Michigan: you have to obtain judicial approval of a move not only out of state, but more than 100 miles away from where the children reside (but only if a parent lives WITHIN 100 miles of the other parent while the case is pending). A court CANNOT order you to move within it's jurisdiction, but it CAN order a change of custody such that children are brought back within the jurisdiction. Many states share this type of rule.
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Re: freedom to live whereever you want
A court may order that the children not be removed from the state in which it is located so as not to deprive the other parent of visitation. Many times visitation problems can be worked out so everyone is accommodated.
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