Legal Question in Family Law in Montana
moving out of a state while child in state custody
Can you tell me if parents in Montana have the right to move out of state while a child is in state custody. The child was removed for alleged abuse and the parents pay his monthly ordered support. The parents wish to move the family to PA where their special needs children can get better services. ICPC seems to acknowledge this situation, but what is the best way to avoid abandonment charges? The parents shall continue to pay support while ordered to do and provide an address in the new home. They have also asked to relinquish rights to the child due to his severe special needs, The parents wish to comply with the laws and do what is in the best interest of all of their children. Does the constitution protect their right to move freely to another state even though their child will remain is foster care in Montana? Is there any potential liability for abandonment?
1 Answer from Attorneys
Re: moving out of a state while child in state custody
The parents need to speak with the family services agency to discuss their plan to move. They ususally have directives the family should follow while such a case is pending.
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