Best Answer

This depends on what is in your custody agreement. Usually, the custodial parent may do anything he/she pleases. However, if it is decreed in the court records that you should not take the minor out of state, this would not be that case. One advantage to soul custody w/ no stipulations is that you may move wherever you like and tak the child with you; if the non-custodial parent wants to make arrangements to see the child or attempt custody of the child they must do so in the place of the child's residence, wherever that may be.


As long as the other parent has parental rights and a court has jurisdiction over the case, the custodial parent cannot move out of state without the consent of the non-custodial parent and/or a modification of the existing court orders. Generally, the custodial parent is free to move only if the other parent's rights have been terminated or never established as in the case of unmarried parents where a father never establishes his paternity legally.

In the case of the incarcerated parent, the court would be likely to approve the move. State laws vary. You should seek legal advice from an attorney who specializes in custody issues in order to avoid the possibility of future legal problems.

User Avatar

Wiki User

โˆ™ 2012-07-03 11:55:26
This answer is:
User Avatar
Study guides

Add your answer:

Earn +20 pts
Q: Do I need permission from noncustodial parent who is in prison if I want to move out of state with the minor child?
Write your answer...
Still have questions?
magnify glass
Related questions

In the state of Nevada can a custodial parent take child out of state without permission from the noncustodial parent?


Can a custodial parent move out of state without permission of noncustodial parent if there is no court ordered visitation or child support?


How much trouble would the noncustodial parent get in for keeping their child without consent of court or the custodial parent if said child wishes to stay with the noncustodial parent?

If the noncustodial parent tries to keep the child, the custodial parent can get the noncustodial parent charged with kidnapping and contempt of court both can be jail time for the noncustodial.

Can noncustodial parent claim 1 child if divorce with 2 child?

can noncustodial parent parent claim 1 child if divorce with 2 kids

Does the noncustodial parent have to pay child support if they marry the custodial parent?

what if the noncustodial parent still reside with the custodial parent, is noncustodial parent still obligated to pay childsupport

Can a child sue custodial parent if noncustodial parent does not pay child support?


What is a noncustodial parent?

In American legalese, a noncustodial parent is the non-resident parent who has not been granted care of the child(ren).

Can a Noncustodial parent move out of state with a child?


Can noncustodial parent relocate to another state without courts permission?

I think so, however you will need the courts permission for the child to visit you and leave their home state.

If you were never married to the father of your child and you are the custodial parent of the child can you leave Missouri and move to another country without the noncustodial parents permission?

noI'm in KCMO

How old does a child have to be to stop visiting the noncustodial parent in Michigan?

I would think it would be 18 or if you can prove the noncustodial parent is causing harm to the child.

Is it considerred kidnapping if the noncustodial parent takes the child without permission?

Yes. It is also kidnapping if the CUSTODIAL parent abducts the child, on the grounds that they are interfering with the other parent's care/access of the child (assuming a court order in place granting such access).

People also asked