Do I have to get the father's permission to be able to leave the state with my son? 8 Answers as of April 15, 2013

I am an unmarried mother. I want to leave my state and go home with my child. His father is on the birth certificate. Do I have to go fight in court to be able to move? Do I have to have his permission? Or do I have the right to leave with my son?

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Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
If you have no current orders addressing custody then you are free to leave. If father files a custody action he will have to serve you and you will be required to appear. However, you can request to appear by phone if necessary. Or, after you establish residency in your new state you can file a custody action and serve the father.
Answer Applies to: California
Replied: 4/15/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
If there is no court order to the contrary, you may come and go and move with your son as you wish. If you give the father of the child advance warning I suspect you will find yourself in a court case and at that point you will need the court permission, wants its jurisdiction has been established over the child and the relationship with you and the father.
Answer Applies to: Michigan
Replied: 4/10/2013
Carey and Leisure | John Smitten
If not married you can leave.
Answer Applies to: Florida
Replied: 4/9/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
I would advise you to get permission to leave the state because father can file a Petition for Paternity within six months of your relocating and possibly have the child relocated back to Arizona. If he files before you leave the state then you have to follow the correct procedure for leaving the state, which is set out in Arizona Revised Statutes section 25-408. Please contact an experienced family law attorney in your area before making any decision.
Answer Applies to: Arizona
Replied: 4/9/2013
The Law Offices of Tres A. Porter | Tres A. Porter
There are a number of variables that have to be considered in order to answer your question. Is there a court order currently in place? What has the visitation been between father and child? How long has the child been wherever you are now? How old is the child? When you say leave the state, do you mean to relocate permanently or an extended visit? Is there a history of violence or abuse between you and the father? You should consult with a family law attorney in your area as soon as possible. I am in Fresno County but practice throughout the San Joaquin Valley.
Answer Applies to: California
Replied: 4/9/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It sounds like there is no court order in place. If not, you can leave. Of course, if you do, the father can file in the state you are leaving and ask for custody to be established in that state. If the father does nothing, I suggest that you file an action after you have been in the new state for six months to establish a custody arrangement with that state having jurisdiction. If there is a court order in place, then yes, you will need either the permission of the father or the court. In Idaho that permission is very hard to get. You have to show that it is in the best interests of the child to go to the new state.
    Answer Applies to: Idaho
    Replied: 4/9/2013
    If there is no court order there is nothing to stop you moving. However he could file to make you come back. Better to file for paternity and ask for the courts permission to move.
    Answer Applies to: California
    Replied: 4/9/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If you are moving away from the state with a non-marital child, you must give notice to the father at least 14 days in advance, and the notice must contain certain information. Check with a lawyer for details. You might also go to your local library and find the latest version of.
    Answer Applies to: Wisconsin
    Replied: 4/9/2013
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