QUESTION
If I was never married to the father, he filed for custody, case is still pending, can I still move out of state and take my son with me?
Asked on Jul 19th, 2013 on Child Custody - Nevada
5 ANSWERS
No. Not while there is a case pending in court .
Answered on Jul 26th, 2013 at 2:37 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If the father has already filed, there may be an order requiring that you stay in the state until further order. The home state will be the Court of Jurisdiction. Consult with an attorney to discuss this matter further and consider all options.
Answered on Jul 26th, 2013 at 2:37 AM
Dennis P. Mikko
If there is a custody case filed and you have been served, you and the child are under the jurisdiction of the court. If there is no court order restricting your right to move, you could move but you would still have to appear and defend the case in the court where it was filed.
Answered on Jul 26th, 2013 at 2:37 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You, of course, can move out of the state. However, if you were served and the issues have not been resolved, your son cannot be removed from the jurisdiction without Court permission.
Answered on Jul 26th, 2013 at 2:37 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If you are already in the divorce process, then paternity was probably established at the beginning of the case and the father probably now has presumptive joint custody of your son. If the father has custody rights, even just visitation, then you cannot move out of the state with your son until you get the father's consent or the court's permission.
Answered on Jul 26th, 2013 at 2:37 AM