Can a mother move away with her son if her and her child's father were never married and have no court orders?

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There would be nothing to stop her. It will make it more difficult for her to get child support if she wants to apply for it. It is usually helpful to be in the same state as the father.
If you have never been married to the father and there is no court order about custody, then you can move out and take your child with you. It is legal to do that. You do not need court permission to move out with your child.But the father can file a paternity case at any time, and then try to get custody and visitation. If the father has been involved with your child and then you take your child away so he cannot see the child, the judge may sympathize with the father. This is a time when the father of your child might take you to court.If you are planning or trying to move to another state with your child the law becomes much more complicated, and you should consult a divorce attorney. Your attorney will most likely advice you to:
  • to tell the father that you are leaving
  • it can be hard to take part in a case when you have moved far away
  • you need to get a court order that lets you leave the state.
You can also contact a local legal service organization in your area to see if you can get free legal help. If you are unable to find legal help free of charge there are many successful private divorce attorneys offering free legal consultations and that work on a contingency fee basis, meaning you don't have to pay them until they successful handle your case.
If you have never been married to the father and there is no court order about custody, then you can move out and take your child with you. It is legal to do that. You do not need court permission to move out with your child.But the father can file a paternity case at any time, and then try to get custody and visitation. If the father has been involved with your child and then you take your child away so he cannot see the child, the judge may sympathize with the father. This is a time when the father of your child might take you to court.If you are planning or trying to move to another state with your child the law becomes much more complicated, and you should consult a d<a href="http://www.boydlawsandiego.com/family-law/divorce/">divorce attorney</a>. Your attorney will most likely advice you to:
  • to tell the father that you are leaving
  • it can be hard to take part in a case when you have moved far away
  • you need to get a court order that lets you leave the state.
You can also contact a <a href="http://www.justice.gov/eoir/free-legal-services-providers">local legal service organization</a> in your area to see if you can get free legal help. If you are unable to find legal help free of charge there are many successful private divorce attorneys offering free legal consultations and that work on a contingency fee basis, meaning you don't have to pay them until they successful handle your case.
An unmarried mother has sole custody of her own child until the father takes the necessary steps to establish his paternity. Once paternity is established he can request joint custody, obtain a visitation schedule and a child support order can be entered.

If the father never established paternity the mother does not need his permission to move. However, the father could stop her moving by filing a motion in the family court to establish his rights.

Laws vary in different jurisdictions. You should consult an attorney who specializes in custody issues who can review your situation and explain your rights and options.
Yes, she can. He must establish his paternity as outlined above and then can petition the court for a visitation order and joint custody. The court will set up a visitation order and consider the petition for joint custody. He would need to provide compelling evidence that the mother is unfit in order to gain full physical custody.
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Under what circumstances can a man who was never married to a child's mother prevent her and the child from moving out of the state?

the best defense is to have some physical documentation stating that you are indeed the father. once you have this get a lawyer to argue before a judge that this move would not be in the best interest of the child and due to physical constraints you would not be able to be a stable presence in the c ( Full Answer )

Can an unmarried father get a court order forcing the mother to pay for travel expenses if she moves out of state with the child?

The laws on this vary by state. Judges usually have a broad range of discretion to do what is in the best interests of the child. I have heard of it being done before. Answer There are numerous factors to be considered. First has the biological father established paternity? If so, is there a cour ( Full Answer )

Is it considered fraud for a mother to follow a father to another state in order to place him on child support and then move away?

Answer . \nNo, but it is not necessary for a parent to take such action either. All states honor child support orders, therefore a parent may file the action in their state of residency and the order will be valid and can be enforced in any other state. A parent who does not voluntarily adhere to ( Full Answer )

If you were never married to the father of your child and there is not a court order for visitation would a judge remove the child from your custody if you move out of state?

No. If there is not a custodial order in place the law presumesthat an unmarried mother has full custodial rights to her child anddoes not need permission from the biological father or the court inmatters concerning the child. In addition, when a child is bornout-of-wedlock the biological father mus ( Full Answer )

How can an unmarried mother obtain authorization to take her young son overseas if she and the child's father have never been married or established custody and the father will not sign the forms?

Answer . \nIf the father is named on the birth certificate then the mother will have to file a writ of habeas corpus to request sole custody of the child.\n. \nThe father will be notified of the action and will be given a chance to contest it.\n. \nThe court will then rule as to which parent s ( Full Answer )

In Minnesota if a couple were never married but the father's signed the birth certificates can the mother legally move the children out of the state if she allows the father visitation?

\n. \n Keep the faith \n. \n. \nChildren should be able to see both of their parents when they want. If the parents are fighting that can be hard on a child. Unless a judge specifically orders that the father cannot see the kids, there shouldn't be a problem, no matter what state you live i ( Full Answer )

Does a single father who was never married to the child's mother need to establish custody before he can petition the court for child support?

Parental custody rights must usually be established before child support can be addressed.. Generally the parent with whom the child resides is the one that the court presumes is the custodial parent unless the parent who the child does not live with wishes to contest the matter.. However, since n ( Full Answer )

Can a mother take a child from Wisconsin to Colorado if she was never married to the father and there is a physical placement order of 70 percent with mother and 30 percent with father?

This is not legal advice. For legal advice pertinent to your situation please consult with a qualified attorney in your area. There is no easy answer. You should consult an attorney. You will need one unless you are able to work out an arrangement with the other parent. In WI, the custodial pa ( Full Answer )

Department of economics takes you to court for childsupport what right do they have in who has custody of the child mother never married child's dad?

Answer . In cases like this the mother is always considered first for custody, unless for some reason she is not fit to handle her duty as a parent. They will then look into the fathers situation to see if he is fit. Now if the mother and father of the child were never married then the father doe ( Full Answer )

What can you do if your child's father employer is not enforcing the court order for child support?

I know this answer without a doubt. Immediately contact your local prosecutor for the child support division, and they will not only make the employer follow the order, they will possiby make the employer pay the back amounts that they didn't take out of his check. The child support prosecutor is th ( Full Answer )

Does a Calif unmarried father in possession of the child have to give the child back to his mother if there is no court order and not in the child's best interest?

No possesion is nine tenths of the law. If there is no court order the police can't even get involved, but I have been through something similar and my best advice to you is get an attorney and get at least temporary custody in place before she does so that the child stays with you and take lots of ( Full Answer )

Your son is married and his wife has taken the baby to her mothers house and will not allow your son to see the baby Does your son have to have a court order to see his baby?

well if the father is pressed against charges then he cant see the baby or he will ave to work out somthing with his wife now if he isn't against chrages then he has total right to see his child and then if the wife or the wifes mother continues to not let him see his child then i suggest u take the ( Full Answer )

You live with your child's father but not married and you want to move out with your child?

You can go ahead and move.. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally ( Full Answer )

If I have full sole custody of my son and his father and i were never married can i move out of state against the non-custodial parent's will?

YES YOU CAN . once you have full custody you have the right to move wherever you want to that's the reason you file for custody right...the the reason full custody was ordered to give you full permission to do whatever you want ..the court gave u full custody only because they see you are a fit pare ( Full Answer )

If the Father hardly never spents time with his son and does not take him for vacations as per the court rules but harrassess me when I go away with my son for vacation can he get in trouble?

I have custody over my son who is 12 years of age, for the past 8 years the father has not hardly been picking him up on his scheduled weekends. He had never taken him for vacation or for holidays, and the court papers states that the father is granted two weeks vacation, an alternative holidays. Th ( Full Answer )

How far can you move away from child's father?

There is no single answer to your question. If paternity has been established in court and the father has custody or/and visitation rights, the mother may need his consent and the court's approval depending on the "reasonableness" for the move. The court decides such issues on a case by case basis a ( Full Answer )

Can my child's mother get back pay if I have records of voluntary payment prior to the courts order?

In a California case, the children (aged 18 & 22) of one man were allowed to sue their father for $134 million dollars in retroactive child support. The parents were never married. However, since 1988 the father paid the mother $18,000.00 a month in child support, he did this without a court order, ( Full Answer )

How can you take parental rights away from the father if you were never married?

there are several ways this can happen if you were never married 1st of all there is a putative father registry in every county and every state. IF you suspect or know that your 9(EX or current) significant other is pregnant (even if your not positive it's your child) you register with that woman's ( Full Answer )

Can a mother in Florida move if she has had no court ordered and has never been married to the father of her kid?

You have the liberty to move anywhere from Florida withing the continental united states, as long as you are not currently charged with a felony by a court. The courts could decide if you can take the kid with you if the father is unwilling to let the claimant have custody. Marriage is in itself not ( Full Answer )

In Florida can an unwed mother move out of state with her child if there is no custodial court order regarding the biological father?

An unwed mother is, in all U.S. states legally presumed to hold sole physical and legal custody of a minor child until such time a court rules otherwise. That being the case, she can relocate if there is not a custodial order in place that prevents such action. It would be wise, however on the par ( Full Answer )

Can a mother in Florida leave the state if she has never been married to the babies father and has not put him in the court system?

If parentage his been established, either by the father's name appearing on the birth certificate or established after the fact in a court of law, you should obtain the father's permission before leaving the state or it could come back to bite you if the father initiates a legal action against you b ( Full Answer )

Can the father of a child stop the mother from moving out of state if they were never married in the state of indiana?

Yes it could happen. If the father's name is on the birth certificate or parentage has been established after the fact in a court of law, the father does have rights including preventing the mother from moving away if such a move would cause an undue hardship to the father's rights of visitation or ( Full Answer )

You were never married never been to court and have shared custody of your child. Can the mother of your child move to another state without your permission?

Yes. An unmarried mother has sole custody of her child until the father establishes his paternity legally and then petitions for custodial rights. Once the father has established his parental rights legally, the mother cannot move to another state without his consent and/or the court's permission ( Full Answer )

When mother lies to court about child's father abusing the mother?

The child's father should seek legal advise and have as many personal witnesses as possible as to how he treats his own children. It is not uncommon during an ugly separation or divorce for one or the other spouse to falsely accuse the other of mistreating their children and it's done mainly out of ( Full Answer )