As the custodial parent, can I move out of state with my child? What happens with Child Support?


I have been married to my wife who has a son from her ex-husband.  He has been living with us since the marriage and the kid’s previous father barely sees him, but he does pay child support.  We are going to move out of state soon, so I was wondering if this will create any implications that may get in the way of child support payments that the previous father is obligated to pay?  Do I have to go to the courts for anything?


Whether vacationing or relocating out of state, you should always look closely at the court order that was filed in the divorce to see if taking the child out of state has been addressed. Out of state child support may or may not part of the child support rules which was agreed upon at the time of the divorce with the prior husband.

Typically, the residence of a minor child cannot be moved out of state without written approval from the parent or without prior approval of the court.  If the custodial parent moves out of state with the child against the wishes of the non-custodial parent and without the permission of the court, then the court may sanction orders of contempt.

It might be best to consult with a Family Law Attorney to assist you in learning procedurally what the laws are regarding out of state travel or relocation and how it applies to your specific situation.

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