Can I move to a different state before I file for custody?

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Can I move to a different state before I file for custody?

I’m looking to file custody of my youngest child but I have no family or support system in my state of residence. My only option would be to continue living with the father of my child during custody proceedings, however, I fear that would put us in harm’s way. Can I move back to my home state, with my family and parents, before I file for custody?

Asked on December 8, 2011 under Family Law, Rhode Island

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

More information is needed. If you were not married to the father and  the father hasn't legitimated the child, the father has no legal rights.  Therefore, you can leave the state.  Even if he has legitimated the child, if he hasn't sought visitation or custody, you can leave the state. Furthermomre, if there isn't a visitation or custody order, you have full custody.  


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