Can I move out of state if I was never married to my son's father? 18 Answers as of November 07, 2011

I want to move with my son and have a better life and give my son a family, but can I move? I never was married to my son's dad. We separated when I was pregnant.

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Alfred Law Firm
Alfred Law Firm | Janice Alfred
If he has not legitimated the child born out of wedlock in the state of Georgia then he is not the legal father and therefore has no legal parental rights.
Answer Applies to: Georgia
Replied: 11/7/2011
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
If your son's father does not have any order granting him custody or visitation with your son, then you have every right to move where you please.
Answer Applies to: New York
Replied: 11/2/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Do you have court orders for custody? If so, the orders either have a geographic restriction or they do not. If you do not have any orders, you can move, but you may get served by the father before jurisdiction attaches in the new state and ordered to move back.
Answer Applies to: Texas
Replied: 10/31/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
It is better to file here in California prior to leaving.
Answer Applies to: California
Replied: 10/28/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If you currently have court orders concerning parenting the child that do not address this issue, then you need to modify the orders to reflect this new arrangement. If you have no orders at all and move without them, you run the risk of the father getting orders requiring the child's return to CA.
Answer Applies to: California
Replied: 10/28/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Usually yes, but call your lawyer first.
    Answer Applies to: Georgia
    Replied: 10/27/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Until there is some sort of court order telling you what you can or cannot do, you are free to do whatever you want. If the father chooses to start a court action before you have been gone for at least 6 months, a court here in Colorado might decide it has the authority to decide custody and could even require the child to be returned. That is unlikely, but nevertheless possible.
    Answer Applies to: Colorado
    Replied: 10/27/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The issue is not whether you are married to the father. The issue is whether custody or parenting time has ever been awarded by a court order. if it has, you must have consent of the other parent or an Order of the court allowing that relocation.
    Answer Applies to: Minnesota
    Replied: 10/27/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    You can move wherever you desire. But you can't take a child away from his biological father without either his consent or a court order to do so.
    Answer Applies to: New York
    Replied: 10/27/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    If you have custody papers that govern the custody of your son, then in those papers will most likely be the Relocation Act language that requires you to provide notice to his father. You should hire an attorney to walk you through the process of relocating with a child that this state may have jurisdiction over.
    Answer Applies to: Alabama
    Replied: 10/27/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If there are no orders keeping you and the child here, then yes. A better approach is to obtain an order giving you the right to move, however. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 10/27/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you were never married to your son's father and he has not legitimated the child and there's no custody or visitation order, you can move out of state without a problem.
    Answer Applies to: Georgia
    Replied: 10/27/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If you have never been to court and there is not support order or court order stating that you cannot leave the state without the court's permission or the permission or notification of the other parent then you should be fine. You have to do what is not only what's best for you but what is in the best interest of the child. If you do decide to move, I encourage you to continue to have an open relationship between the child and his father, informing him that you have moved and where he can contact his son (via telephone at least).
    Answer Applies to: Illinois
    Replied: 10/27/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You can move out of state, but you cannot take the child with you without one of two things: Consent of the parent or a court order.
    Answer Applies to: New Jersey
    Replied: 10/27/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You can move with the child with the father's consent or with a court order. If the father does not reside in New Jersey you can just move.
    Answer Applies to: New Jersey
    Replied: 10/27/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Was paternity ever established? Are there any court orders in effect? If paternity has never been established, and if there are no court orders in effect, then, it is probably safe to say that there is nothing holding you here in Washington. However, if the bio-dad has been seeing the child on a regular basis, and if you and the child suddenly disappear, then, he is likely to file an action with the court that could have the effect of dragging you back here.
    Answer Applies to: Washington
    Replied: 10/27/2011
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