Can I move with my child out of state? 4 Answers as of April 04, 2011

I am the custodial parent of my 9 month old daughter. I was unmarried to the father of my child and there are no child custody arrangements. He has not seen her since she was 2 weeks old due to his own wishes. We are not in contact and I do not know where he lives. Can I move out of state? If so, do I need to contact him?

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
Without an order in place mandating that the child stay in CA there is no obligation for you to stay in state with the child. However, be cautious if your purpose for moving is to deny the father of the child an opportunity for visitation.
Answer Applies to: California
Replied: 4/4/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If there is no paternity case filed, and if there are no paternity or custody orders in place, there are no restraining orders preventing you from moving with your baby. So long as you aren't moving to deprive dad of his access to or contact with the baby, it should not pose a problem. Keep in mind, however, that children are entitled to a father and a mother. It might be a good idea for you to let dad know that you are moving out of state, so if and/or when he decides that he wants a relationship with his child, he can start to develop one. There is a risk that dad could file a Paternity case to try to keep you from moving his child to another state if he learns tht you are moving away. Children are entitled to be supported by both parents. You may need child support to help support your child.

If you seek child support for your child, dad will likely learn where you and your child are. If you move out of California to another state with your child, after you reside in that state with your child, that state will become your child's home state, the appropriate state for any case regarding child custody or visitation to be heard in.
Answer Applies to: California
Replied: 3/30/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Unless there is an order keeping the child in the current state of residence, you do not need permission to move. If, on the other hand, you want to make sure that you have an order granting you sole legal and physical custody, with permission to move, that will cover you in the future. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 3/30/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
If there are no court orders in place, then there is no prohibition to moving out of state. If you move without noticing the father, he may claim kidnapping, which would set off a custody battle in court. If you were never married, and he has not filed a Paternity case, his rights to the child are at an extreme disadvantage.
Answer Applies to: California
Replied: 3/30/2011
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