Can I move out of state with my son if there are no custody papers and his father says that he doesn’t care?

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Can I move out of state with my son if there are no custody papers and his father says that he doesn’t care?

I currently live in NC and am planning on moving back to NY soon and I want to take my son with me. I haven’t discussed this with his father yet but we had a similar conversation a few months ago and his response was, “I don’t care, do what you want” and if I was to leave “not to bother coming back to visit I don’t want to see you”. I want to take my son because he would have a better life up there with his family. I don’t know what to do.

Asked on May 9, 2011 under Family Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a support order and visitation order for your son, you better go through court to not only ensure he doesn't file any sort of charges against you criminally or file contempt charges against you out of spite regarding your existing order. You must also ensure your son continues to have child support so better for the court to be aware and the father to legally be notified of your move. Further, as to your son's visitation with his father, you want to make sure this still occurs and perhaps come up with a plan blessed by the court so no one is at a loss regarding the rights of each party. If you are not entirely sure you wish to do this, at least consult with a family law attorney in North Carolina about your plans and its implications.


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