Moving to another state with shared custody requires legal steps. First, review your custody agreement or court order to determine any restrictions or requirements for relocation. If there are none, consult with a family law attorney to understand the legal process in your jurisdiction. It may involve negotiating with the other parent or obtaining permission from the court to relocate. Compliance with applicable laws and court orders is crucial for a smooth transition when moving with shared custody.
The mother. The father have to petition the court for shared custody.
IT DEPEND ON IF THE FATHER IS SHARING CUSTODY.
Generally, as an unmarried mother you already have sole custody of your child under the law in every state. The father must establish his paternity in court in order to obtain shared custody and visitation rights. Until he does, you have sole legal custody.
Yes, if he has visitation rights or shared custody, she will need his consent.
You may apply to court for another custody order.........
First you need custody of him and the only way to get that is by going to court. If the father then have shared custody or visitation rights both he and the court have to then give you permission to move the child out of state. You also, satisfactory to you both, solve the issue about the child being able to see both parents so the visitation or shared custody order is not broken. So unless his father is willing to give up custody and let you take your son out of state you will have to move without him.
No, unless a custody order is being violated, it is not kidnapping for the Father to move out of state with his own children.
Not if there is a court order for visitation or shared custody. She would then need your permission and the courts.
Yes. He would have to petition the court for custody.
It depends on the state the father lives in, the custody laws of that state would determine if he had a real, legal reason for taking the children for her. Another condition would be WHY she was incarcerated. He would need to see a family lawyer who practices family law in his state.
The mother automatically have custody from birth and the father can petition for custody, visitation and also pay child support after he has proved paternity in court by providing a DNA test. As long as the mother is fit he will get shared custody at the most.
Generally the law is not applicable when the other parent does not live in the starte.