QUESTION
If I am married and have a baby can I move out of the state with the baby?
Asked on Feb 08th, 2014 on Child Custody - Texas
More details to this question:
I’m married with a baby and I want to move out of the state can I leave without the fathers?
7 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Is the father on the birth certificate or has a court entered any order? If so, you must give written notice and he has a chance to object. If not, nothing keeps you from moving.
Answered on Feb 12th, 2014 at 4:31 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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As long as the court does not have any jurisdiction (e.g. a divorce has not been filed) then yes.
Answered on Feb 12th, 2014 at 4:31 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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If there are no court orders in place then generally speaking you are free to move with the child. However, there is a six month period where the child's father could file a petition in the jurisdiction where he is, asking the court there to enter orders about legal decision making (custody) and parenting time. Before making a move you should consult with an experienced Arizona family law attorney in your area.
Answered on Feb 12th, 2014 at 4:31 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Yes you can. And once you have been there for six months you may apply for order there. If before then your husband files here then you will need a lawyer here to help you through the case.
Answered on Feb 12th, 2014 at 4:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, but if dad starts a divorce action in your home state, he may be able to force you to return the child to him in that state.
Answered on Feb 12th, 2014 at 4:30 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Florida statutes mandate that the child cannot be relocated without both parties signing a written agreement or the Judge issuing an Order allowing the move.
Answered on Feb 12th, 2014 at 4:30 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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It not ideal to move out of State without a Court order. Your husband would likely file a case for custody. If a case for Divorce or custody is filed you cannot remove the child from the State without a Court order or consent from the father If you decide to move, you should make sure the father has contact information for you and an address so you are not accused of violating any kidnapping or concealment laws.
Answered on Feb 12th, 2014 at 4:30 PM