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crossing state lines????

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jlmon

Junior Member
What is the name of your state (only U.S. law)? new york.

I am a mom to a wonderful 20 month old boy and his father and i are not married but he has claimed paterity. me and my son do currently live with him but he wants us to move by summer but here is the kicker,i have no job and no income and i want to move in with my mom. so my question is.. Can I take my son to another state without getting in any leagal trouble?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? new york.

I am a mom to a wonderful 20 month old boy and his father and i are not married but he has claimed paterity. me and my son do currently live with him but he wants us to move by summer but here is the kicker,i have no job and no income and i want to move in with my mom. so my question is.. Can I take my son to another state without getting in any leagal trouble?
Sure. Without your son. You're free to move anywhere you'd like. But your son stays with his father, if that's what his father wants.

There's a bajillion posts here on this very topic. Read and learn.
 

jlmon

Junior Member
Sure. Without your son. You're free to move anywhere you'd like. But your son stays with his father, if that's what his father wants.

There's a bajillion posts here on this very topic. Read and learn.
his father is running around with other women right now and is never home anyway because he works all kinds of hours.he wants me to take our son butwon't say anything other than that. i just don't want him to decide 6 months from now that he wants to play daddy . he only sees his son about 10 hours a week now and we live in the same house.
 

Silverplum

Senior Member
his father is running around with other women right now and is never home anyway because he works all kinds of hours.he wants me to take our son butwon't say anything other than that. i just don't want him to decide 6 months from now that he wants to play daddy . he only sees his son about 10 hours a week now and we live in the same house.
Whatever.

None of that changes his Constitutional right to parent.

By the way, his paycheck spends just fine, doesn't it? :rolleyes:
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? new york.

I am a mom to a wonderful 20 month old boy and his father and i are not married but he has claimed paterity. me and my son do currently live with him but he wants us to move by summer but here is the kicker,i have no job and no income and i want to move in with my mom. so my question is.. Can I take my son to another state without getting in any leagal trouble?
I am going to give you a more legally accurate answer than you received from the other poster.

Yes, you may take your child and move to your mother's in another state. However, if dad chooses to, dad can rush to court in NY, and try to get a judge to order you to return the child to NY. The judge may or may not order that, but it would establish NY as having jurisdiction and you would always have to return to NY for court.

The wiser thing to do, would be to file for formal custody before leaving NY, and to get the permission of the courts to relocate with your child. Its not guaranteed that you would get that permission. You may need to remain in NY to retain custody of your child.

I great deal depends on just how far you would be moving.

Also, if dad does not object to your moving now, he could not come back six months later and protest the move, it would be too late at that point. However, he will ALWAYS be able to come back and ask for visitation, until your child becomes a legal adult.
 

Silverplum

Senior Member
I am going to give you a more legally accurate answer than you received from the other poster.
Bullpucky. :mad:
Just because you think mothers rule the world and that fathers are disposable useless items, doesn't make MY answer "wrong" or "less legally accurate" than your pap.

My answer, though shorter, was quite accurate. I didn't hand her the "out" you always do for unwed mommies, but that's MY perogative.

I don't personally feel the need to type, over and over and over, the same answer to uninformed yahoos who don't feel the need to READ.

So you type more than I do, but you only do it for unwed mommies. Yay for you, Queen Mommie. :rolleyes::rolleyes:
 

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