Is it against the law for me to move out of state with my kids if I never married the father?

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Is it against the law for me to move out of state with my kids if I never married the father?

I moved to another statewhile my kids’ dad was in Afghanistan. He is now back and saying he is going to talk to a lawyer and I’m going to have to bring the boys back to oklahoma and not leave the state until court is finalized. Is this true? We were never married and never been to court. Child support has been filed but not finalized.

Asked on May 1, 2012 under Family Law, Oklahoma

Answers:

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

Answered 9 years ago | Contributor

The general rule is that if you were never married and there was never a formal custody or visitiation order entered in to then you as the Mother are the legal guardian of the children.  So if you moved he can not claim that you in any way kidnapped the kids.  But he could go to court now to try and remove the children and I am sure that he will try. So you need to seek legal help here to find out the factors that you need to support your choice: better job, closer to family that can help, etc.  Good luck.


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