Moving Out of State

Since there has been a visitation agreement/order then you will probably need to address this directly with your ex to see if you can alter this arrangement. Maybe he could have the child for 4 consecutive weeks and maybe an extended weekend once a month. When he begins school, you can go by the school holidays…
It sounds as though you have primary physical custody and that means that you would be allowed to move unless your ex files a motion with the court barring that move. Even then, if it is for finacial and lifestyle improvements then the courts are not likely to rule against the move. And if this is brought to court by your ex, one of your main reasons for the move is that you are not getting the finacial support that was court ordered…the court will be very interested in this…
You should talk with the ex to find out what he would be willing to agree to before you involve an attorney. Be willing to work with him and negotiate, since this is ultimately for your son’s best interest.
For the child support, you can always go to the CSE but if I were you, I would wait until after the move…just so that you can keep things as amicable as possible.

In order to move you will either need to renegotiate a custody schedule or file an action in court for modification of custody. In order to qualify for a modification you will have to prove for the court that something substantial has changed since the entry of the last court order.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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I am a single mother with a 3 year old son. I rarely get child support that is ordered from the father of my son. My question is this. I would like to move to North Dakota with my mother and the rest of my extended family. I am unable to satisfactorily support myself and my son here. My son’s father and his mother took me to court last year to get visitation rights. Currently they have 4 non consecutive weeks each summer and every other weekend. I know this will have to be altered if I move to North Dakota. How can I legally move without getting in trouble? I can’t afford a lawyer to get my case in court. If my son’s father won’t agree to let me move, what are my rights? I would appreciate your opinion on this matter. Thank you