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Is it legal to move states with an open social services case.

Covington, KY |

They are trying to remove my son from me after 15 months of hell fighting for him back. I went to court today after getting a subpena. I just want to be done, but i don't want any charges for leaving state. I do have legal custody since March, but my case is open and just got reopened in court, when my case was suppose to be closed in 4 days. My case got reopened for being around the father with a court order to stay away from him. The are trying to get me for neglect. But i was with my child the entire time. i want to move out of Kenton county durastriction. i have legal custody of him, can i legally move to ohio with my son and become a resident over there, and the case be dropped?

Attorney Answers 2


  1. If you do not have private counsel and a case has been opened against you by the state, counsel may be appointed. Consult with a lawyer on these issues before you do anything. You could make your situation worse instead of better if you leave the state with the child.

    DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.


  2. I do not practice law in KY, but based upon my experience where I am admitted, I would say you would cause yourself great trouble if you try to leave the state without permission of your child services agency and the court. In fact, if they were to find out your intentions, they may even try to get custody. Consult a local attorney familiar with this type of law. Perhaps you can get permission to move, but I doubt the case would be dropped, they may transfer the matter to the Ohio counterpart agency.

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