If I’m moving out of state, do I need to inform my son’s father?

And once I move, can he make us move back? My son’s father has not seen nor talked to him in about 8 years.

Asked on November 12, 2012 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is a court order in affect, then its terms will control. If the order is silent as to a parental move or there is no court order in effect, then you can relocate but your son's father can go to court and compel you to come back, at least for a court hearing. Depending on just how the court decides the on matter, you may or may not have to move back permanrently; the deciding factor in such a case is just what is in a child's best interest. 

As a practical matter, a judge will look with disapproval if you do not make an attempt to inform the father of you and your child's relocation.

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