If my son’s father and I are not together and I want to move out of state and he agrees, what do I need to do to protect myself if he changes his mind?

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If my son’s father and I are not together and I want to move out of state and he agrees, what do I need to do to protect myself if he changes his mind?

He offers very little support.

Asked on June 14, 2015 under Family Law, California

Answers:

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

Answered 5 years ago | Contributor

I don't know if there is a current court order regarding custody in effect; if so you will need to get it modified in court. If there is no such order, then now is the time to get one. Taking a child out of state can present complications, even with the other parent's consent. For example, just as in your case, there can be a change of mind. And without a court order, in the worst case scenario you could be charged with parental kidnapping. At the very least, your husband could file for custody and you would have to come back to your current state and appear before a judge to work this out.

At this point, you would be well advised to consult directly with an attorney who specializes in child custody cases in your area. They can best help you determine just how to proceed.


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