Can I move my child out of state without her dad's permission? - Child Custody Law Questions and Answers- LawQA.com

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Can I move my child out of state without her dad's permission?

My daughter has always lived with me. Her father did not want her, wanted me to have an abortion. He has never paid his court ordered child support. We never went to court for a custody agreement because he has never wanted custody or visitation. He sees her maybe once a year and doesnt even call on birthdays or christmas. He is not involved in her life at all. I do not know where he lives even. My question is, can I move out of state with her without notifying him? He hasnt known where we live in several years and has never asked. I just dont want to get in trouble down he road for moving her.

Answer By Erin Farley
The Law Office of Erin Farley
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In all situations, I would advise you to get a court order giving you sole custody (legal and physical) and allowing you to move. This protects you and your daughter. In this particular situation, assuming these facts are all true and because there is no court order at all, it is not unlawful to move. Without an order, you are not violating an order. The caveat is that if dad all of a sudden decides to take part and object, the court will not be pleased. To protect yourself, file in court for custody and request a move away order. Spell out the situation in the declaration. The tough part is serving dad if you don't know where he is. You might have to do service by publication, wherein you take out an ad in the legal notices section of 3 newspapers... The proof of service forms themselves spell out what is necessary.

Answer Applies to: California
Replied: 9/1/2011

Answer By Maury Beaulier
Beaulier Law Office
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Under Minnesota law, if custody or parenting time were never determined by a court order, there is no restriction on your ability to relocate with the child.

Answer Applies to: Minnesota
Replied: 8/29/2011

Answer By Michael Rose
Michael Rose Attorney at Law
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It is always good to have the child know the father and have a relationship together. The last thing you want is when that child grows up to blame you because she (he) did not have a father growing up. At school the child will see that other kids have a father and wonder why she (he) doesn't.

Answer Applies to: California
Replied: 8/28/2011

Willick Law Group
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Sounds like custody has never been "established," in which case the statute, per se, does not apply to you. You need a consultation with a family law specialist.

Answer Applies to: Nevada
Replied: 8/26/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
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Since it sounds like there have already been some legal proceedings in your case, you probably have a parenting plan. The parenting plan has in it a short summary of the Washington Relocation Act. Before you can legally move out of state, without giving the father ammunition he could use against you, you are going to have to follow the requirements of the act.

Answer Applies to: Washington
Replied: 8/26/2011

Answer By Steven Dunnings
Dunnings Law Firm
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Pursuant to State law, you must file a petition with the Court that issued the custody Order to get permission to move the child out of State. Naturally, you must give the Dad notice of the proceedings, date of the hearing and copy of the petition. Moving out of State without a court Order could subject you to contempt proceedings and require you to move back into the state if the Dad files a petition for that.

Answer Applies to: Michigan
Replied: 8/26/2011

The Davies Law Firm, P.A.
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You need some advice from a divorce and family law attorney. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Answer Applies to: New Jersey
Replied: 8/26/2011

Horizons Law Group, LLC
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If there is no formal orders for placement, you should be fine. The statute generally requires notice to any parent who has placement orders.

Answer Applies to: Wisconsin
Replied: 8/26/2011

Law Office of Roianne H. Conner
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If there is a custody order regarding your daughter you must notify the father and if he objects then get the permission of the Court.

Answer Applies to: Alabama
Replied: 8/26/2011

Michael D. Fluke, P.A.
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Based on the fact that no Paternity Action has ever been filed establishing a timesharing schedule, you could move out of state. The problem is that if he files a Paternity Action within six months of you moving, he could obtain a court order forcing you to return the child to the jurisdiction. After six months, he would likely have to bring an action in the state where the child lives. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

Answer Applies to: Florida
Replied: 8/26/2011

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