Do I need to go to court to get custody of my 2 children before I move out of state?

UPDATED: Jun 20, 2012

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Do I need to go to court to get custody of my 2 children before I move out of state?

I left my baby’s father 2 years ago and moved out of state with our daughter. I then took him back again. Now I’m pregnant with our second child and he kicked me out. There is no courts involved yet but the only place I can go is to my dad’s, which is out of state. Can I move there and then file for custody or should I do it before I move? We where never married but together 12 years.

Asked on June 20, 2012 under Family Law, New Mexico


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

Answered 10 years ago | Contributor

The general rule is that if you were never married to the father of your children and there is no order of custody and visitation in place, you are the only legal guardian of the children and can do as you please.  When you get there seek legal help to obtain full custody,  The determination is made "in the best interest of the child."  Good luck.

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