Can I take my 2 year old out of state? 4 Answers as of March 01, 2013

I got pregnant with my boyfriend 2 years ago we stopped seeing each other right after the baby was born. He has not been in the baby's life and has not paid child support. I live with my parent's and my dad's job relocated to Texas and we are going to move in 3 months. He is on the birth certificate and he has his last name. Big mistake! What are my rights and what do I need to do? Thank you for your help.

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Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
I always recommend that you get a court order before you move out of state. Technically, if you are married and if there are no court orders you could move. In California, it is only required that you get consent or a court order to move if you are married or have custody orders.
Answer Applies to: California
Replied: 3/1/2013
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
If you do everything legally to establish the father as the child's father, he will then have legal, visitation rights, and he may be obligated to pay child support. He probably will not be able to keep you from moving because he has not exercised visitation with the child. You may want to establish the father's parental relationship legally before leaving California. It would also be in the child's best interest to do so as you never know when you may need financial help during the next 16 years. If you don't want to do the full legal thing you can just pick-up and move.
Answer Applies to: California
Replied: 3/1/2013
LAW OFFICE OF JON RATHJEN | JON LAURENCE RATHJEN
First, never blame yourself for taking an action designed to be in your child's best interest (putting father's name on birth certificate; a child should know both birth parents) just because things don't turn out the way they were expected to. Your son's father could no doubt have tracked you down were you to have essentially "gone on the run". As for moving, unless there is a court order, you are free to do so. But keep in mind that the simple filing of a dissolution or paternity/custody action generates an automatic restraining against both parties that, among other things, forbids either party taking dependent children out of state.
Answer Applies to: California
Replied: 3/1/2013
The Law Offices of Tres A. Porter | Tres A. Porter
Is there an order regarding custody and visitation of the child in place in California? You probably should consult with a family law attorney as soon as possible, but if there is no Court Order in place, you are generally free to move with the child, but be aware that you could potentially have to come back to California if the father were to file for custody and visitation orders.
Answer Applies to: California
Replied: 3/1/2013
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