If I broke up with my boyfriend and we have a 7 year old son, can I takehimout of the state?

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If I broke up with my boyfriend and we have a 7 year old son, can I takehimout of the state?

I would give his father our address.

Asked on July 3, 2011 under Family Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is no court order in effect, then yes you con leave and take your son with you. However you don't indicate if this is merely for as visitoro if its a permanent move. Either way, your child's father can go to court and obtain an order which will require you to return.  If you don't return, you can be charged with parental kidnapping.  The best way for you to obtain legal custody of your son is for you to go to court first. The court will consider the "bests interests" of the child in making its decision. It will look at the age of the child, the relationship of both parents with the child, the child's present living situation, etc. 

Note:  You could file for custody once you re-establish residency in your new state but that will take time.


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