Would my ex girlfriend be able to move out of state with our 4 year old daughter without my permission? 8 Answers as of September 25, 2013

We are not married. She is still married to someone else from out of the country and never filled any legal papers for marriage ending.

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VANJOHNSON LAW FIRM, LLC
VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
Since you and your daughter's mother were never married, she can do whatever she wants with your daughter unless you "legitimate" your child in the Superior Court. Legitimation is required where children are born out of wedlock, if the father desires to exercise any parental rights.
Answer Applies to: Georgia
Replied: 9/25/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
If you have not established paternity and custody orders for your daughter in court, then you will need to proceed with filing that petition. Otherwise the husband of your ex-girlfriend will be the presumed legal father of your daughter, and it is likely that your ex-girlfriend could move without your permission. It is unclear if you have established paternity (legally, not just through DNA testing), so it would be best to consult an attorney.
Answer Applies to: Arizona
Replied: 9/24/2013
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Unless you have filed a petition to establish parentage or to establish a parenting plan, you are not yet a legal father. Therefore, she can move whereever she wants. However, if you have filed either of the above, then you have taken the step to become a legal father and she has to give you written notice and you have the right to object to the move.
Answer Applies to: Washington
Replied: 9/25/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Yes unless you immediately file for determination of paternity, child support and custody.
Answer Applies to: Idaho
Replied: 9/25/2013
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
If you have not legitimated the child either through voluntary legitimation documents at the birth or through a subsequent legal proceeding, there is no current custody order in place, and you are not married, then you have no rights to the child and the mother can move; if that is the case, you need to immediately file a legitimation petition.
Answer Applies to: Georgia
Replied: 9/25/2013
    Law Office of William Stoddard | William Stoddard
    No. We have a moving statute. She may move, but she may not take the child without notice to you and working out how your parenting will continue with her move. This might mean she has to bear some cost of transport to get the child back here for seeing you. And your time might be extended during holidays, summer or the like so you can have some quality time with the child. Remind her she might want to check on the moving statute. A change of custody could be the penalty if she violates this statute.
    Answer Applies to: Washington
    Replied: 9/24/2013
    Victor Varga | Victor Varga
    Without a court ordered custody/visitation in place, yes. File for custody/visitation.
    Answer Applies to: Maryland
    Replied: 9/24/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, right now you have NO legal rights to your child.
    Answer Applies to: Michigan
    Replied: 9/24/2013
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