QUESTION
Can I move back with my son and file for custody there?
Asked on Mar 21st, 2012 on Child Custody - North Carolina
More details to this question:
My boyfriend was living with me in my house for 5 years. We had a son who is 3 years old now. We just moved a few months ago. Due to his infidelity, I am going to move back to my house. Can I legally take my son with me and file for custody there? Can his father legally keep me from taking our son back?
14 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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If the boyfriend has not been adjudicated the father then it is the child of the mother.
Answered on Jul 02nd, 2013 at 1:39 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Someone needs to file a paternity case. That case will also deal with the issues of custody, child support, temporary custody/visitation and health insurance. Whoever files first has a better chance of winning.
Answered on Mar 26th, 2012 at 1:25 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Under Washington state law (1) you can move with the child unless there is a court order prohibiting it; and (2) the father can request a court order only by filing a court action.
Answered on Mar 23rd, 2012 at 11:02 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Yes but you really need to hire counsel for this issue.
Answered on Mar 22nd, 2012 at 7:37 PM
Accidents Attorney serving Blue Springs, MO
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Blue Springs Law Office LLC
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Depending upon where "there" is... If you have recently moved to another address in the state of Missouri, then you are probably OK, because jurisdiction would lie in the whole state of Missouri. If from another state, then you would need to live in Missouri for at least 90 days prior to filing in order to establish jurisdiction here. Even so, if you have changed counties of residence, Father may have an argument regarding Venue (which is basically which county court is most convenient). For instance, if the child spent a lot of his life in that county, then the relevant evidence (witnesses, schools, doctors, etc) is likely to be there, and not in the new county. Bottom line: Absent any prior court orders, you certainly have the right to take your son and file for custody. It would be up to the father to object to jurisdiction or venue.
Answered on Mar 22nd, 2012 at 10:15 AM
1 Award
Addiitonal information is needed to answer this question. Regardless, you should consult with an attorney to determine the legally correct way to do so. The court with proper jurisdiction to hear a custody case is the court in the parish/county in which the child has lived the last 6 months. Even if you move, it is possible that you may still have to litigate custody in the state in which your boyfriend resides.
Answered on Mar 22nd, 2012 at 10:04 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Unless and until there is some form of court order in effect that places some limits on your action or gives the father some specific parenting rights, you are free (legally) to do whatever you choose. Absent a court order and a marriage, your boyfriend is a "legal stranger" until a court deals with specific parenting responsibilities.
Answered on Mar 22nd, 2012 at 9:56 AM
Gregory Graf
Of course you can move back into your house. If you're not marries and the house is in your name only, you can make him move out. Regarding your child, until you start a Court case, he has as much right to the child as you do. I advise you file a petition for Parenting Responsibility and ask for support ASAP.
Answered on Mar 22nd, 2012 at 9:37 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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It depends what your judgment says. Most of the time you can move anywhere that is within the state and less than 150 miles away without permission. If there is no court order or court finding of paternity, you have sole custody and placement until a court says otherwise and you can move anywhere you want.
Answered on Mar 22nd, 2012 at 7:05 AM
If there is no order for custody or parenting time then either one of you can legally move with him. If you were not married and he never petitioned the court for any rights to the child, the law presumes the mother will have custody.
Answered on Mar 21st, 2012 at 5:21 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Assuming your boyfriend and you were never married and that he never requested the court assign him custodial rights, you are the residential and custodial parent and may take your child where you please without interference from the boyfriend.
Answered on Mar 21st, 2012 at 5:10 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Unless there are orders, no one has more rights than the other person. You would want to let the Father know where you are going, unless it is dangerous. Whether you can file where you are moving is a complicted issue if you are crossing state lines.
Answered on Mar 21st, 2012 at 5:09 PM
In the absence of a court order, you may move back to your house with your son. You should then immediately file a parentage case and get temporary orders. You should consult a family law attorney or facilitator to assist you with the paperwork.
Answered on Mar 21st, 2012 at 4:42 PM
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There are big custody issues in your question. I strongly suggest you consult with an attorney about the particular facts of your situation. In NC both parents are consider to have equal rights to a child until there is a custody order or custody agreement in place. You question doesn't say whether your house is in the same area (state, city, county) or somewhere else from where you live now. You can certainly take the child with you when you move but your boyfriend can also file for either emergency or temporary custody depending on the circumstances.
Answered on Mar 21st, 2012 at 3:33 PM