CAN MY GIRLFRIEND LEAVE THE STATE WITH MY SON?

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CAN MY GIRLFRIEND LEAVE THE STATE WITH MY SON?

my girlfriend, who has lived here in missouri pretty much the last 4 years, says she is going to leave and go back to arkansas with my son…we have lived with my parents in missouri since March of 08 and he was born here in missouri. October of 08 and has resided with us in my parents house since he was born…Can she legally leave with my son and go back to Arkansas? She is wanting to leave cuz she is upset with me…not because she is getting transferred or anything job related…she hasn’t worked since March of 08…

Asked on May 12, 2009 under Family Law, Missouri

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to speak to a family law attorney in your area as soon as possible, if you can't make things right between the two of you.  One place you can start looking for a qualified lawyer is our website, http://attorneypages.com

A single mother can move with her child, wherever and whenever she wants, if there have been no court proceedings or orders about the child.  You may be named as the father on the child's birth certificate, but that may not be enough, by itself, to give you any rights.

You will probably not be able to prevent her from leaving, if she has roots in Arkansas.  But you should be able to make sure that you will be able to spend time with your son.


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