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What happens if a parent moves a child out of state and no custody has been issued?
What happens if the parent, the primary care provider, of which the non-marital child primarily resides with decides to move out of state when no custody has been issued to either parent. If the parent lived in the state of IL and moved out of state with the child and legally resides in the new state. What if the other parent tried to take her to court when she has already become a resident of the new state?
1 Answer
- cyanne2akLv 71 decade agoFavorite Answer
They can legally move with the child. You can challenge it, and the home state of the child is where you must file. This is 1) where the child has lived for the last 6 months, or 2) if the child is not yet six months old, where the child was born. If you feel there is an emergency, you can file in the state the child has relocated to. In order to get custody of the child, you must prove that it is in the best interest of the child to stay with you and not the other parent. This is very hard to prove, especially where the other parent has moved to take a new job.