QUESTION
What are the mother’s rights and can I leave the state without trouble?
Asked on May 17th, 2013 on Child Custody - Illinois
More details to this question:
I am the custodial parent. I have sole and physical custody of the child. The child lives with me. I want to move out of the state for a job offer. The baby’s father doesn’t have visitation.
5 ANSWERS
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The mother' s rights depends on what any court order states regarding legal custody and whether the parents are married. If there is no marriage and no visitation court ordered, it is easier to move. You should consult with an attorney to make sure you are proceeding correctly. You don't want the father obtaining an emergency court order against you for custody or establishing his parenting rights.
Answered on May 20th, 2013 at 8:43 PM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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This is a complex issue. The law provides a process for this, but it must me followed to the letter. Review with an experienced family law attorney right away.
Answered on May 20th, 2013 at 8:09 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Is there a court order in place? If not, then try it. If there is a court order, you need the father's permission or the court's permission.
Answered on May 17th, 2013 at 1:42 PM
If you have sole custody pursuant to an order you can not leave the state without an order of court. If you have custody because no case is on file, you can leave.
Answered on May 17th, 2013 at 1:42 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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It is always best for you to personally consult with an experienced family law attorney regarding important issues such as this. There is a statute that regulates relocations, at A.R.S. section 25-408. Here is a link: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00408.htm&Title=25&DocType=ARS.
Answered on May 17th, 2013 at 1:42 PM