If I plan on moving out how would this affect my custody rights?

UPDATED: Sep 28, 2011

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If I plan on moving out how would this affect my custody rights?

I have a 2 1/2 year old son who lives with me during the week. His father has him every weekend and pays me cash child support. I did not want to go through the hassle of the court system and since he pays me every weekend there is no problem. I recently got offered a job that would require me moving across country. The pay is great and I would be a fool to turn it down. However I am afraid he is going to make it difficult for me to take my son to another state. Is the law on my side?

Asked on September 28, 2011 under Family Law, Florida


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

Answered 11 years ago | Contributor

So what I am gathering from all that you have written here is that there is no formal agreement or court order in place regarding your son, correct?  Is there an establishment of paternity?  Were you married at the time the child was born or was a DNA test done to establish paternity? I am unsure what you mean by "is the law on your side." The law is clear that each parent has equal rights to their children absent an order of the court that says other wise.  And if there is no formal agreement in place then I suspect that if you attempt to move cross country with out the father's consent that you are going to find your self in a real "hassle" with the court system.  You are going to need legal help here at this juncture.  You are going to have to establish custody and ask the court's permission to allow you to leave if your son's father will not consent.  Good luck.

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