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want to move out of state

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rahumada772

Junior Member
What is the name of your state?
north carolina
neither i or the father of my child have legal rights to our child. we have never been to court over custody. do i the mother have the right to leave the state with out asking his permission or going to court first?
 


sirxamiel

Member
rahumada772 said:
What is the name of your state?
north carolina
neither i or the father of my child have legal rights to our child. we have never been to court over custody. do i the mother have the right to leave the state with out asking his permission or going to court first?

Technically,No. The father could take you to court and file a charge against you. The law varys when it comes to a situation like that. If I were you, just to be safe, I would go to court first, and establish some kind of custody status, and then I would leave. If you leave the state, since there is no custody order, you could or could not be in violation. It could come back to haunt you later. The father,depending on how determined he is, could make it a very difficult case for you, and could even have you arrested if he went and tried to get back at you. Im not saying that you leaving the state is illegal, but if I were you, I would cover my bases legally before I made a move like that. I would make sure that if I left the state, I would have custody of my child, and have visitation established so that no issues would arise if I did leave the state.
 

stealth2

Under the Radar Member
The answer is - it depends. Were you married? Did Dad sign an Affadavit of Paternity (i.e. is he legally considered the father)?
 

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