Can I move my child out of state without her dad's permission? 21 Answers as of July 09, 2013

My daughter has always lived with me. Her father did not want her, wanted me to have an abortion. He has never paid his court ordered child support. We never went to court for a custody agreement because he has never wanted custody or visitation. He sees her maybe once a year and doesnt even call on birthdays or christmas. He is not involved in her life at all. I do not know where he lives even. My question is, can I move out of state with her without notifying him? He hasnt known where we live in several years and has never asked. I just dont want to get in trouble down he road for moving her.

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The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
In all situations, I would advise you to get a court order giving you sole custody (legal and physical) and allowing you to move. This protects you and your daughter. In this particular situation, assuming these facts are all true and because there is no court order at all, it is not unlawful to move. Without an order, you are not violating an order. The caveat is that if dad all of a sudden decides to take part and object, the court will not be pleased. To protect yourself, file in court for custody and request a move away order. Spell out the situation in the declaration. The tough part is serving dad if you don't know where he is. You might have to do service by publication, wherein you take out an ad in the legal notices section of 3 newspapers... The proof of service forms themselves spell out what is necessary.
Answer Applies to: California
Replied: 9/1/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Under Minnesota law, if custody or parenting time were never determined by a court order, there is no restriction on your ability to relocate with the child.
Answer Applies to: Minnesota
Replied: 8/29/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
It is always good to have the child know the father and have a relationship together. The last thing you want is when that child grows up to blame you because she (he) did not have a father growing up. At school the child will see that other kids have a father and wonder why she (he) doesn't.
Answer Applies to: California
Replied: 8/29/2011
Willick Law Group
Willick Law Group | Marshal S. Willick
Sounds like custody has never been "established," in which case the statute, per se, does not apply to you. You need a consultation with a family law specialist.
Answer Applies to: Nevada
Replied: 8/29/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Since it sounds like there have already been some legal proceedings in your case, you probably have a parenting plan. The parenting plan has in it a short summary of the Washington Relocation Act. Before you can legally move out of state, without giving the father ammunition he could use against you, you are going to have to follow the requirements of the act.
Answer Applies to: Washington
Replied: 8/26/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Pursuant to State law, you must file a petition with the Court that issued the custody Order to get permission to move the child out of State. Naturally, you must give the Dad notice of the proceedings, date of the hearing and copy of the petition. Moving out of State without a court Order could subject you to contempt proceedings and require you to move back into the state if the Dad files a petition for that.
    Answer Applies to: Michigan
    Replied: 8/26/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need some advice from a divorce and family law attorney. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 8/26/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    If there is no formal orders for placement, you should be fine. The statute generally requires notice to any parent who has placement orders.
    Answer Applies to: Wisconsin
    Replied: 8/26/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If there is a custody order regarding your daughter you must notify the father and if he objects then get the permission of the Court.
    Answer Applies to: Alabama
    Replied: 8/26/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Based on the fact that no Paternity Action has ever been filed establishing a timesharing schedule, you could move out of state. The problem is that if he files a Paternity Action within six months of you moving, he could obtain a court order forcing you to return the child to the jurisdiction. After six months, he would likely have to bring an action in the state where the child lives. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/26/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    I am shocked you have not gone to court to protect your legal rights in this entire time. You need to go to court and get a court order establishing your custody rights and the court will decide if you can leave the state or not.
    Answer Applies to: California
    Replied: 8/26/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    You can obtain either a paternity or dissolution judgment via posting. If in doubt, get a court order.
    Answer Applies to: California
    Replied: 8/26/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The answer depends on what rights the father has, and since you did not provide enough information in your question, the best course of action to take is to consult with a family law attorney regarding the specifics of your situation.
    Answer Applies to: Georgia
    Replied: 7/9/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If there is no court order establishing parenting responsibilities, then there is nothing putting any limitations on your parental authority to live where you choose.
    Answer Applies to: Colorado
    Replied: 8/25/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    If there was never an adjudication in court, he has no rights. You can move or do whatever you want with your child. However, it wouldn't be a bad thing to do to at least let him know an address/P.O. box after you move so he has some idea of where his child is.
    Answer Applies to: Wisconsin
    Replied: 8/25/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    You can move without letting him know.
    Answer Applies to: Nebraska
    Replied: 8/25/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    A careful examination of your existing parenting order is required. If you have sole legal and physical custody, you may be in a position to argue that he had no standing to object to the move, however unless there is an order expressly releasing you from notifying the father of the move, it is best to give him written notice of the move and a contact address. Failure to provide notice could place you in a hazardous situation where father might claim you are concealing the child from him.
    Answer Applies to: California
    Replied: 8/25/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If there are court orders granting him any custody or visitation rights they may need to be changed.
    Answer Applies to: Connecticut
    Replied: 8/25/2011
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