unwed mother wants to move from michigan to minnesota

[julieann_k]

What its the name of your state (only U.S. law)? Michigan
I just gave birth a month ago, the babies father and I were suppose to move to Minnesota after the babies birth, where my parents reside and we both have jobs lined up. For months leading up to to the babies birth the father began to abuse both drugs and alcohol and now refuses to move. I still want to go, the only thing in place right now for custody is the affidavit of parentage. Can I leave the state with my baby now to get him out of this enviroment or do I need a court order?

 

[Proserpina]

What its the name of your state (only U.S. law)? Michigan
I just gave birth a month ago, the babies father and I were suppose to move to Minnesota after the babies birth, where my parents reside and we both have jobs lined up. For months leading up to to the babies birth the father began to abuse both drugs and alcohol and now refuses to move. I still want to go, the only thing in place right now for custody is the affidavit of parentage. Can I leave the state with my baby now to get him out of this enviroment or do I need a court order?

You're going to need permission eventually if Dad objects. File for custody now, and request permission from the court to relocate.

The burden of proof will be on you to show the court why it's in the child's best interest.

 

[LdiJ]

What its the name of your state (only U.S. law)? Michigan
I just gave birth a month ago, the babies father and I were suppose to move to Minnesota after the babies birth, where my parents reside and we both have jobs lined up. For months leading up to to the babies birth the father began to abuse both drugs and alcohol and now refuses to move. I still want to go, the only thing in place right now for custody is the affidavit of parentage. Can I leave the state with my baby now to get him out of this enviroment or do I need a court order?

As an unwed mother you can do exactly that. You have sole legal and physical custody until a court says otherwise.

However...if you do that the father can rush to court in MI and ask the judge to order you to return to MI with the child. The judge may or may not order that. However, if the judge does, you will have no choice but to return to MI with the child and you may or may not eventually get permission to relocate to MN.

Of course, that is assuming that the father will actually file. Which you are a better judge of than anyone here.

In most cases however, its usually better to settle custody and parenting time, legally in court, and have court ordered permission to relocate.

 

[Isis1]

What its the name of your state (only U.S. law)? Michigan
I just gave birth a month ago, the babies father and I were suppose to move to Minnesota after the babies birth, where my parents reside and we both have jobs lined up. For months leading up to to the babies birth the father began to abuse both drugs and alcohol and now refuses to move. I still want to go, the only thing in place right now for custody is the affidavit of parentage. Can I leave the state with my baby now to get him out of this enviroment or do I need a court order?

you don't need a court order to move. you can leave now if you want.

however...if dad decides he doesn't like this idea, he is well within his right to request the court to have the child return to the state of jurisdiction. whether or not the judge will make that judgement is really only a guess.

but that is your legal decision and whether you are willing to work with the possible consequences.