Can I move back with my son and file for custody there? 27 Answers as of July 02, 2013

My boyfriend was living with me in my house for 5 years. We had a son who is 3 years old now. We just moved a few months ago. Due to his infidelity, I am going to move back to my house. Can I legally take my son with me and file for custody there? Can his father legally keep me from taking our son back?

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Law Office of Melvin Franke | Melvin Franke
Someone needs to file a paternity case. That case will also deal with the issues of custody, child support, temporary custody/visitation and health insurance. Whoever files first has a better chance of winning.
Answer Applies to: Missouri
Replied: 3/26/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can take your son and file for custody. The father can't prevent you from doing that, but he could file for custody.
Answer Applies to: California
Replied: 3/24/2012
Wolfstone, Panchot & Bloch, P.S., Inc.
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
Under Washington state law (1) you can move with the child unless there is a court order prohibiting it; and (2) the father can request a court order only by filing a court action.
Answer Applies to: Washington
Replied: 3/23/2012
Hynum Law Office, LLC
Hynum Law Office, LLC | G. Wayne Hynum
Unless the boyfriend obtains a Court Order prohibiting you from moving with the child you have the right to move and take your child with you. It is not likely that a Judge would issue an Order prohibiting you from moving with your son unless you have some type of problem that would make you a danger to the child such as drug or alcohol abuse.
Answer Applies to: Mississippi
Replied: 3/22/2012
Reynolds Law Group LLC. | Thomas E. Reynolds Jr.
Yes. UCCJEA. Home state is GA.
Answer Applies to: Georgia
Replied: 3/22/2012
    T.K. Byrne | Timothy K. Byrne
    Yes but you really need to hire counsel for this issue.
    Answer Applies to: Mississippi
    Replied: 3/22/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can move and then file for custody if you were not married.
    Answer Applies to: California
    Replied: 3/22/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    Depending upon where "there" is... If you have recently moved to another address in the state of Missouri, then you are probably OK, because jurisdiction would lie in the whole state of Missouri. If from another state, then you would need to live in Missouri for at least 90 days prior to filing in order to establish jurisdiction here. Even so, if you have changed counties of residence, Father may have an argument regarding Venue (which is basically which county court is most convenient). For instance, if the child spent a lot of his life in that county, then the relevant evidence (witnesses, schools, doctors, etc) is likely to be there, and not in the new county. Bottom line: Absent any prior court orders, you certainly have the right to take your son and file for custody. It would be up to the father to object to jurisdiction or venue.
    Answer Applies to: Missouri
    Replied: 3/22/2012
    Ezim Law Firm | Dean Esposito
    Addiitonal information is needed to answer this question. Regardless, you should consult with an attorney to determine the legally correct way to do so. The court with proper jurisdiction to hear a custody case is the court in the parish/county in which the child has lived the last 6 months. Even if you move, it is possible that you may still have to litigate custody in the state in which your boyfriend resides.
    Answer Applies to: Louisiana
    Replied: 3/22/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    MOM AND DAD HAVE EQUAL RIGHTS UNTIL A COURT SAYS OTHERWISE. So, yes, you can move. Yes, he can stop you.
    Answer Applies to: Texas
    Replied: 3/22/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Unless and until there is some form of court order in effect that places some limits on your action or gives the father some specific parenting rights, you are free (legally) to do whatever you choose. Absent a court order and a marriage, your boyfriend is a "legal stranger" until a court deals with specific parenting responsibilities.
    Answer Applies to: Colorado
    Replied: 3/22/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You should file an ex parte motion to have the child placed with you until further hearing.
    Answer Applies to: California
    Replied: 3/22/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    Of course you can move back into your house. If you're not marries and the house is in your name only, you can make him move out. Regarding your child, until you start a Court case, he has as much right to the child as you do. I advise you file a petition for Parenting Responsibility and ask for support ASAP.
    Answer Applies to: Colorado
    Replied: 3/22/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    It depends what your judgment says. Most of the time you can move anywhere that is within the state and less than 150 miles away without permission. If there is no court order or court finding of paternity, you have sole custody and placement until a court says otherwise and you can move anywhere you want.
    Answer Applies to: Wisconsin
    Replied: 3/22/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    If he never filed a petition to legitimate his child, he basically has no custodial rights to the child.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Law Office of Gregory Crain | Gregory Crain
    If the boyfriend has not been adjudicated the father then it is the child of the mother.
    Answer Applies to: Arkansas
    Replied: 7/2/2013
    The Law Firm of Hayley A Silverberg, PLLC | Hayley Silverberg
    If there is no order for custody or parenting time then either one of you can legally move with him. If you were not married and he never petitioned the court for any rights to the child, the law presumes the mother will have custody.
    Answer Applies to: Michigan
    Replied: 3/21/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    If there are no existing custody orders, you may move with your son. The case may be heard in Arizona or in the other state.
    Answer Applies to: Arizona
    Replied: 3/21/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Unless there are orders, no one has more rights than the other person. You would want to let the Father know where you are going, unless it is dangerous. Whether you can file where you are moving is a complicted issue if you are crossing state lines.
    Answer Applies to: Washington
    Replied: 3/21/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Assuming your boyfriend and you were never married and that he never requested the court assign him custodial rights, you are the residential and custodial parent and may take your child where you please without interference from the boyfriend.
    Answer Applies to: Ohio
    Replied: 3/21/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    It will have to play put in court. Child support will also be an issue. You could use an attorney to advise you and protect your rights.
    Answer Applies to: Alabama
    Replied: 3/21/2012
    SHAPIRO LAW GROUP | ERIC L. SHAPIRO
    Unless your boyfriend has been legitimated by a Georgia Court, he has no rights, in Georgia, to custody or visitation.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Law Offices of Frances Headley | Frances Headley
    In the absence of a court order, you may move back to your house with your son. You should then immediately file a parentage case and get temporary orders. You should consult a family law attorney or facilitator to assist you with the paperwork.
    Answer Applies to: California
    Replied: 3/21/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    If you were never married to the father of your child, he has no rights under Georgia law to either custody or visitation UNLESS he formally legitimates the child. This can be done with a simple piece of paper one can file up to the child's first birthday. After that, a court order is needed. Note that it is immaterial for custody and visitation purposes if he is listed on the child's birth certificate as the father. If you were unmarried when the child was born, and never married each other after that, he has no rights unless he first legitimates.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    McIlveen Family Law Firm
    McIlveen Family Law Firm | Angela McIlveen
    There are big custody issues in your question. I strongly suggest you consult with an attorney about the particular facts of your situation. In NC both parents are consider to have equal rights to a child until there is a custody order or custody agreement in place. You question doesn't say whether your house is in the same area (state, city, county) or somewhere else from where you live now. You can certainly take the child with you when you move but your boyfriend can also file for either emergency or temporary custody depending on the circumstances.
    Answer Applies to: North Carolina
    Replied: 3/21/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    In Georgia both bio parents have rights to the child until one files for custody in court, so if you return home file for custody ASAP.
    Answer Applies to: Georgia
    Replied: 3/21/2012
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