QUESTION
Would I still have child custody if we move states?
Asked on Jun 04th, 2015 on Child Custody - New York
More details to this question:
My ex and I lived in one state and I had my daughter here. He left two months ago and moved to another state out of the blue because I told him to go to rehab for drug issues. I am also moving to that state but 400 miles from him. If I leave do I still have custody? All I have is physical there was never a case opened but I want sole or some legal custody of her. How do I do this? If I move, can he come to where I am and just take her? Where do I go to get custody done? For financial reasons I am leaving next week.
4 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I have no comment about the law of the other State. That's unfair. You both have under California law equal legal and physical custody rights as to your California child. You need no permission from a California Court to relocate to Dad's State with your child.
Answered on Jun 04th, 2015 at 7:03 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Retain a skilled family law attorney in the state to which you are moving. He or she will start some appropriate form of legal action in the new statewhether for divorce, legal separation, or for custody and support.
Answered on Jun 04th, 2015 at 5:25 PM
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You only have custody if you have a court order that says you have custody. He only has paternity if you were married or there is a paternity order in place.
Answered on Jun 04th, 2015 at 5:00 PM
Bruce Provda
Since there is no court ordered custody, you should move and then look for formal custody in the new state.
Answered on Jun 04th, 2015 at 2:40 PM