Hi, I was wondering if you could post a question for me. I do plan on talking to a lawyer, but I was curious how hard is it if you have kids to be able to move out of state if you’re not married to the father? I live in Alabama if that helps I was considering moving across state lines closer to my family.
Is there a custody order in place ?
If not, there is nothing to stop you. I’m in Michigan though and every state is different.
Depends on the custody order and if the father would fight you… along with your reason for moving
Do you have a custody order? If not then its your kid you can do what you want.
Yes it’s hard espicalky if you have custody order most have cannot leave state without permission
I recently just moved from Alabama to Wyoming. There was absolutely no custody order or arrangement, and me and my child’s father were never married. There was nothing he could do to stop me I’ve since filed for full custody and dealing with that.
If you dont have custody and there is no parenting plan and hes not on the BC then you can move. If hes on the BC he can say no and ge can say you kidnapped the kids.
It depends. Custody order OR established arrangement. If they have been in an established routine and you up and move he could also go to court Get legal counsel and for heaven’s sake talk to their dad if he is involved
depends on the custody agreement and the state you’re currently in
Depends on your state. Some states can make you move back. And if dad is currently in their live it would be pretty fucked up to move.
We need a lot more information as there’s many variables.if he’s not on the BC, you don’t have any custody agreement & he doesn’t pay child support legally he’s nothing to the children. You can do whatever you want with your kids. If you have a custody arrangement or hes ordered to pay child support you will need his or the courts permission. How difficult it is depends on your specific case. My ex was behind on child support, hasn’t seen my kids or filed for any custody/visitation. I filed a petition with the court, which btw is FREE if you meet low income qualifications. He showed up & refused to grant me permission so he had to have a chance to prove why we should stay. A hearing date was set, but the judge told me to go ahead & move anyway. I showed up to court with a lawyer. Long story short he lost. It was frustrating but not difficult. Given my situation I didn’t have pay my lawyer. He did.
You need the fathers and the courts permission
If there’s no court order, you can. Otherwise you need special permission.
Is he involved with the child?
If the father has a relationship with the kids and pays support you will need his permission call a lawyer!
If the father is involved with the kids and pays support it woukd be wrong for you to take that away from the kids.
Depends on the dad. I was not married to my first borns dad and moved to idaho while I was pregnant with him. Hes has never perused anything
If there is no custody order, you can move where you please, but in all fairness, and if circumstances allow, you should tell the dad and see if he is fine with it, explain your situation and just be nice. Please do not screw over the dad and the child.
I know south Carolina law is if you and the father are not and have never been married he has no rights at all no matter if hes on the birth certificate or not unless he pays court order child support! Now depending on if he is a good father he can take you to court and fight for his rights! Now if he is a good father you should never remove a willing supportive and present father from a childs life unless he is a threat to your child or you! Bc that hurts your child and affects your childs mental health and your relationship with your child!
I lived in California my children’s father and I never married and never got court orders for custody therefore I was naturally the custodial parent as I had them 90% of the time ,but we did end up going to court later for child support and in those papers I’m listed as custodial parent . Anyway my point is years later I decided that I am moving out of state, but I have an co-parenting relationship with their father and just told him this is happening, he didn’t fight me as he never has plus he knows he can see his children whenever he wants still it’s just a little more effort lol plus the time they have now is better they will stay 2 or 3 months (summer time) and that’s way better than every other weekend which equals to about 52 days spread apart and only 2 days at a time.
How about communicate with the father about this? Just a thought
Depends on the state, circumstances, is there a custody agreement or parenting plan? I moved from Missouri to Florida & we had none of these. I established residency and there was nothing he could do. I will add he had like no interest in our daughter until I moved.
You have to look into the laws in Alabama not all states are the same in those cases
Depends on your situation.
Call legal aid for the best answer!
In Alabama you can’t move across state linea with out written agreement with the father. I went through this and lost custody due to it. Thus was 9 years ago. It may have changed
It depends on the state and your custody agreement.
Idk about your state but when me and my ex split, I just moved with my daughter.
He doesn’t want anything to do with us though, so…
If the father doesn’t agree he can stop you. If you move and he takes you to court you’ll have to come back. You will definitely have to work it out in court eventually.
I just don’t get why you can’t be honest with the dad in the first place in the uk you don’t have to be married to the father or him be on the certificate to have rights anymore! That child is just as much his as it is yours so in my opinion for you to not even mention it to him before hand is wrong, if it was the other way around I’m sure you would be fuming that he has even said he wants to move to another place with the child
It is definatly hard to move across state lines. In most scenarios it’s not allowed unless the father says he is okay with it. Or the father is a danger to the children. You would be responsible for all transportation. And most likely he would get them all summer and most holiday breaks from school. You would have to prove it is in their best interest. And with the little information you gave most of the time a court will not see you moving closer to family as a reason to uproot a child’s life.
I would seriously get a free consultation with a lawyer. Just moving 60 miles my son had to notify the court after speaking with the mom. Never hurts to get a legal opinion. Wish you the best.
In the state of Alabama unmarried fathers DO have rights (this isn’t the case in all states) which makes it a little harder. As others have said, you’ll have to petition the courts and follow whatever rules are put in place - if you do anything against “the book” the father can use it against you, so secure a lawyer and follow their advice very closely.
I just up and left been almost 4 years and my sons dad filed for custody, it’s in the process of being closed due to lack of prosecution
I am in the process of doing this from florida to nevada. It depends what the state rules are but generally the burden of proof will lie with you. Meaning you will have to prove why the move would be beneficial to your kids. You need to prove how their life would be better if your allowed to move. You also would ned to prove how they would still have a relationship with their father. If the father agrees tp the move then you dont have to you just have to have it in writing.
the father has the right to ask for visitations and since u moved he can for u to pay for transportation back and forth
You have to petition the courts and prove moving them out of state is in the best interest for the child. Not for the parent. The court don’t care what is the best for the parents they want to know how this move will benefit the child.
If he doesn’t agree with the move you’ll likely have to prove its best for the children. You need to have employment and childcare. Moving to be closer to family is a definite plus.
I know in Virginia if there hasn’t been established custody , then you are free to go anywhere. Until custody is established. Married or unmarried.
I got charged with KIDNAPPING my own SON… don’t do it without going to COURT. It was the BIGGEST mistake of my LIFE.
If you arent married and arent subject to parenting orders then it wouldnt be hard at all. The father could sue for custody orders, but hopefully you would discuss it with him before moving his children away from him anyway.
I’m in Alabama you have to file it in court and he has rights good luck
If you’re not married, if he has no court ordered legal rights no problem.
Custody agreement?? Depends on that.
Im in Ohio my husband moved to fla. In our agreement it said we would half all medical or living expenses. I didnt know that could include travel costs. I had to pay half of all airline fees. With my oldest we werent married and i just moved.
Not hard… your the mother and your not married.
If he didn’t sign the birth certificatehe has no say so
The way the judge explained it in my case was the other parent needed a legit reason to get approval. Another job or family is acceptable reasons but just to start new was a hard no. Basically our judge said if its not job or family related and you move out of state then you forfeit full custody.
Most judges will not put in a court order that mom cannot move with children out of state. They can’t infringe on her right to better herself or her child/rens lives. If there’s no court order no one can stop you from moving.
But if you start child support through state… fyi. That can hold you in the state and not allowed to move… i found out last year when I moved from nh to utah to be close to my parents…
It depends on the state, what kind of visitation/custody arrangement is already made and the situation. My friend has it in her custody agreement that neither one of them can cross state lines without written notice a certain amount of time before the event. I know somebody else who has an agreement that custodial parent can’t move out of the school district until the kids finish high school and others who have full custody and the other parent isn’t in their lives and they can do whatever they want. It really is situational.
If you don’t have a custody order in place you can move i believe but if u have one u would have to petition the courts for relocation. I was living in pa and had to do it
Is there any visitation order in place? If not, I would say this person has the right to move as long as she gives the father X amount of notice before taking his children out of state. In SC, if you were married to the non-custodial parent, and there is a visit order, you cannot leave the state to move or even visit out of state without the other parent knowing because it’s contempt if you don’t.
If theres a court order in place you can request permission from the judge or from the other parent
If you are not married then its easy. I left my abusive relationship and moved back home. I crossed state lines to do it. But because we were never married I can’t really get a custody case started. Our child is in my care and he is supposed to be paying child support but doesn’t.
If no visitation orders or child support orders in place then take your babies and go wherever your heart desires.
If there’s no court ordered custody that keeps u from moving u can do whatever u want
Marriage status doesn’t matter. What matters is if there is a court order for visiting rights per court orders. But yes talk to a attorney.
Another selfish mom taking kids from their father. It’s called alternation of affection
Need lawyers advice it can be done but do it the right way
You can visit but not move with going through the later and other parent