If I have a family member who has a child but is not married to the could be father, can the mother leave the state with the child? 7 Answers as of January 07, 2014

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J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
It there is no custody order then the mother can go wherever she wants and it would be up to the father of the child to try to stop her.
Answer Applies to: Virginia
Replied: 1/7/2014
John Russo | John Russo
No, not without an agreement, or court order. What does being married have to do with it? It's his child or it's not his child.
Answer Applies to: Rhode Island
Replied: 1/7/2014
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
If there is not an order for custody or parenting time entered, the mother could leave. I would suggest consulting an attorney regarding the ramifications, because the father could force the child to return later on if he pursues custody.
Answer Applies to: Arizona
Replied: 1/7/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If there is no custody order in place, probably. But on the other hand, if dad files a petition to determine custody, he may get the court to order the child to be returned to the state.
Answer Applies to: Idaho
Replied: 1/7/2014
Eric Johnson
Eric Johnson | Eric Johnson
As long as there are no court orders awarding the father custody or otherwise barring of mother from leaving the state with the child, yes she can leave the state of Utah with the child without the knowledge or consent of the father. This doesn't mean that she should do this, only that it's not illegal if she does do this.
Answer Applies to: Utah
Replied: 1/7/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If the mother leaves the state of California without acquiring court orders permitting the children to move with her, she runs the risk of father getting court orders mandating the children's return. She should meet with an experienced family law attorney to explore her legal options.
    Answer Applies to: California
    Replied: 1/7/2014
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    Unless there are court orders entered related to possession and control of the child, either parent is entitled to take the child to another location. I suggest a lawyer be consulted concerning the facts of the case.
    Answer Applies to: Texas
    Replied: 1/7/2014
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