Custody: I’m shifting and I need to switch my case to the brand new state the place my youngster and I’ll stay.  How can I try this?

WomensLaw isn’t just for women. We serve and support all survivors, regardless of their gender or gender.

Legal information: general

Select a state to view its legal information:

I’m moving and want to move my case to the new state where my child and I will live. How can I do that?

The first thing that is important is to speak to an attorney about the state parental abduction and relocation laws in your current state. If it is legal for you to move the children across state lines under these laws and you wish to transfer the custody case, you can, with the help of your attorney, file an “inconvenient trial” request at the original court, which will change the original condition transfer the case to the state you intend to move to. However, it is important to discuss your chances of success with your attorney in order to decide whether it makes sense in your case to make the inconvenient forum request. (You don’t want to offend a judge who may retain custody and make a decision about your children.) When deciding whether or not to delegate a custody case, a judge will consider the factors listed in What factors will a judge consider in deciding whether the new state would be a more convenient forum (place) to hear the case?

© 2008-2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part by a grant from the Office for Victims of Crime, Office of Justice Programs, US Department of Justice. Neither the US Department of Justice nor any of its components operate, control, or necessarily endorse this website (including, without limitation, its content, technical infrastructure and guidelines, and any services or tools provided). NNEDV is a non-profit organization according to 501 © (3); A52-1973408.