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

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.

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.