Can I move out of state without the father’s permission if we have no court order/custody or child support?

UPDATED: Nov 25, 2012

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Can I move out of state without the father’s permission if we have no court order/custody or child support?

He is just listed on the birth certificate.

Asked on November 25, 2012 under Family Law, Louisiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you don't have a court ordered custody order or support order, it is advisable to get one as the child should have something that is enforceable in a court of law. If you wish to move out of state, please consider the impact on the child and whether the child currently has a relationship with the father, because if the father does have one, then nothing prevents him from going to court and seeking an order to prohibit a move or forcing a stronger order like joint custody (which would make it impossible for you to move).  If the father is not in the picture, you need to decide what is best and go from there (i.e., if no contact with the biological father and no order then nothing legally to prevent the move). Custody orders are treated separately from support orders, so one doesn't necessarily require the other. 

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