Relocating With Child Custody

Summary

In West Virginia, a custodial parent must notify the non-custodial parent in writing before relocating. If the non-custodial parent disagrees, they can petition the court, which will consider the childs best interest. Leaving without consent may be custodial interference. Consult a lawyer for emergency options.

Full Conversation

I have full custody of my daughter and have had sole guardianship of her since she was born, my ex was violent to me when I was pregnant and has only been around our daughter through court ordered visits and for the most part he has never been consistent. He asked for a psyche evaluation and then refused to take it. I am moving to florida to go to college and I need to take our daughter with me, I told him I was going but he didnt believe me and the idea just made him mad and hes been more consistent with his visits this past month so I dont know what to do I dont want to like steal her from her but I do need to go
Hello ****, I understand your situation. It sounds like you want to relocate with your daughter to Florida. Can you please tell me in which state the current custody agreement was ordered?
West Virginia
In West Virginia, when a custodial parent wants to move, they must:
- Give the non-custodial parent a written notice.
- If the non-custodial parent disagrees, they can petition the court.
- Court will consider best interest of the child before granting permission.
Always consult with a lawyer before taking action.
But what if I dont have time to let him take it to court? That could take a couple months and I leave in a week
If you leave without consent from the court or the non-custodial parent, it could be considered custodial interference. Contact a lawyer immediately to discuss emergency options that may be available in your case.