If Iam not married, can I move out-of-state with my son?

UPDATED: Aug 21, 2011

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If Iam not married, can I move out-of-state with my son?

What needs to happen so I can do this? I have been with my son’s father for 15 years; our son is 10. His father cheated on me and has a child by the lady. Also, he is under my insurance and he just found out that he has cancer; he is off work until his doctor’s release (expected in about 3 months).

Asked on August 21, 2011 Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you son's father is willing to have you move out of state with your son, then you can do so. I suggest that you have a written agreement with him allowing you to do so where both of you sign and date the document so that there will be no future misunderstandings between you two. I suspect that you and your son's father never married.

Before you move out of state with your ten year old son, make sure that you are relocating to a safe and health environment for you and your son. Moving for young children is often stressful and causes much anxiety for them especially when the other parent is not relocating but staying behind.

The best way to minimize any anxiety with your son over the relocation is to talk to him about it in the presence of his father.

Good luck.

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