If there is no paternity agreement, can I leave the state for good without my child’s father?

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If there is no paternity agreement, can I leave the state for good without my child’s father?

Asked on October 28, 2012 under Family Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the father of your child has yet to be determined legally the father and that there is no court order in place stating that you cannot leave the state that you occupy with your child, then you are free to leave with your child in tow for good.

When you relocate, you might consider filing a petition in the county you end up gaining residency in. For that, I would consult with a family law attorney.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As long as there are no court orders in place that restrict your movement, then you can leave and move to another state with your child. 

If there are orders in place, then they will control what you can and cannot do.  If the orders give you the right to decide the residence of the child with no limitations-- then you can leave the state regardless of how the father feels about it.   If the orders give you have the right to decide the residence-- but place restrictions on that right (like only with a certain state or county), then you either need to comply with the order or file a motion with the court to modify the restriction. 


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