The mother should file for sole custody before attempting such a move and even if it is granted, permission should be obtained from the court beforehand. Otherwise, the mother could find herself in the midst of a protracted and expensive custody battle.
Yes, but the father can still file an injunction to prevent it.
That depends on the custody order that is in place and if no custody order exists, state law where you live. In some states, you must file a notice of intent to relocate. In other states, where no custody order is in place, the mother is presumed to have presumptive custody and may freely move. However, the father does have the right to file an injunction preventing it and/or file for a custody order outlining exactly when and if a parent may move taking the child with them. Consult an attorney in your area for more information.
Yes she can. Unwed mothers assume an automatic temporary custody, until the case is decided by the court. The only way to stop her from moving is to file for custody ASAP. Once filed, the state has jurisdiction and she can't move.
No, but you should file an injunction as a precaution and notify the state department. see links
no, but the father could file for custody see links below
Yes. However, if the visitation is no longer practical, one of the parents may need to file for a modification of custody or visitation.
only with court approval. Immediately file an injunction to prevent her jumping the gun, followed by a challenge to the move, and possible for custody. As a backup, prepared a long distance visitation schedule. see links below,
If married? NoIf single? The mother can as the father has no rights, but he could still file an injunction.Even if married, frequently the mother will move anyway than make an allegation against the father in the new state. By the time he clears himself, the new state has jurisdiction under the UCJAA.
No. You will need a custody order that allows you to move. Seek an attorney and file for custody. The burden of proof will be on you to show that it is in the best interests of the children to relocate.
That would probably require the permission of the court. Sole custody does not always mean freedom to leave the state.
All states follow the Uniform Custody Law, except for Massachusetts. If you plan on making a permanent move however, you will have to file Custody orders in said state, because these are state laws.
Regardless of your state laws, the father can still file an injunction.