If I haven't filed for child custody yet.

[jodyheglin]

If I haven't filed for child custody do I have the right to move out of state with my child?

 

[Ohiogal]

If I haven't filed for child custody do I have the right to move out of state with my child?

Are you mom? Are you married to dad? Has paternity been established? Are there ANY court orders? Most likely you can move and then the other parent can rush to court and ask that the child be returned to that state and the regular home.

 

[jodyheglin]

I am the mother there is no court oders of any kind, but i have been letting him have him every other week and i think its to much back and forth. but now i am planning to move to maine.

 

[wattie]

Just to share a story. My best friend has a baby with an ex girlfriend. after one year of sharing visitation (not court ordered) she decided to move 3 states away without telling him. When she wasn't there during an exchange and had no way of getting in touch with her, he called her parents in the other state and they said she was there, has a job, wasn't planning on returning. He called the police and filed a child abduction report and after a month of court battles, she was ordered to return to his state and a court order for visitation was put into place. She had to stay in that area (not move away). So, even though they didn't have a court order visitation schedule (he signed the birth certificate but paternity wasn't established by the courts yet at that time, as far as i know), she wasn't allowed to move. And years later, during a custody evaluation, he had the police report that said "child abduction" which didn't work out too well for her, even though she denied it was an abduction, the evaluator saw it as one because of the police report.
Just think about what you are trying to do before you do anything. And try to figure out the best thing to do for everyone involved, not just yourself.

 

[Ohiogal]

I am the mother there is no court oders of any kind, but i have been letting him have him every other week and i think its to much back and forth. but now i am planning to move to maine.

What you think doesn't matter. He has had 50/50 time and you think he will just give up and let you move without filing for a court order? You can move. And he can immediately march into court and ask that the child be returned citing the every other week arrangement. You can move to Maine -- you haven't stated what state you are in -- regardless but your child may be staying with dad and dad may end up with primary custody. Then you can visit less often since YOU feel your child should not transfer back and forth every other week. How does you having the child for long weekends (once a month) and time during the summer strike you?

 

[jodyheglin]

It's not that i just want to take him away from him and not let him see him, but when i go get him he says things like he doesnt know where he belongs and things. i live in arizona now, and he also still lives with his parents and is in college so he is pretty much relying on them to take care of him and his son. when he is over there his grandparents are pretty much raising him, it just isnt the best situation for him over there, in my opinion if i am here raising him it would be better than letting him go over there to see his dad but having his grandparents raise him.

 

[Antigone*]

It's not that i just want to take him away from him and not let him see him, but when i go get him he says things like he doesnt know where he belongs and things. i live in arizona now, and he also still lives with his parents and is in college so he is pretty much relying on them to take care of him and his son. when he is over there his grandparents are pretty much raising him, it just isnt the best situation for him over there, in my opinion if i am here raising him it would be better than letting him go over there to see his dad but having his grandparents raise him.

...Really and you PhD in what allows you to make that assessment

 

[jodyheglin]

ok wow i didnt come on this to be insulted i came to ask a question and im not getting advice at all.

 

[Just Blue]

ok wow i didnt come on this to be insulted i came to ask a question and im not getting advice at all.

Yes you are if you are smart enough to realize it. You can move wherever you want...You do not have the right to unilaterally make that decision for the children.

 

[haiku]

The father is involved with his child. You don't have to like how he decides to be a parent.

If you move across the country without settling custody issues, and dad decides to take it upon himself to file for custody, you will have to return to Arizona anyway.

It would be best to establish everything in court in Arizona, and if you insist on moving the child to Maine, doing so legally.

 

[Proserpina]

The father is involved with his child. You don't have to like how he decides to be a parent.

If you move across the country without settling custody issues, and dad decides to take it upon himself to file for custody, you will have to return to Arizona anyway.

It would be best to establish everything in court in Arizona, and if you insist on moving the child to Maine, doing so legally.

Absolutely.

If you're going to move, OP, and want kiddo to remain in your custody you really can't afford not to do this properly through the court. Who knows? They might agree that it's a good move for the child.

Speaking of which, what are the reasons for the move?