Can I move out of state with my child without their biological father’s permission?

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Can I move out of state with my child without their biological father’s permission?

My fiancee received orders to be stationed ii another state. There is currently no court order for custody between my son’s biological father and I.

Asked on July 19, 2012 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Were you ever married to the father of your son?  If not and there is not legal orders between you and no order of paternity determination then you are the only legal guardian of your child and you can go where you please.  But I am never a fan of going behind the back of a parent who is actively involved with their child.  Good luck.


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