What are a mother’s rights to leave the state with her child without the father’s consent?

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What are a mother’s rights to leave the state with her child without the father’s consent?

I am a mother of a 2.5 year old son and I’m currently living in NY. I’ve been here a year; I’m originally from AZ. I’m living with my son’s dad, who stays home with him since he doesn’t work; I support them. I want to take my son for a visit back home to see my parents but my son’s dad won’t let me. He says he doesn’t trust me to take him back to AZ ever. I need to know my rights as a mother; I don’t want to be controlled by a man that I’m not married to.

Asked on August 8, 2011 New York

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  I think that you should seek help from an attorney in your area to discuss what your rights are here.  You have not given any information as to any of the legalities that effect your son and would influence guidance here, such as is there a custody and visitation order in place?  Who is the legal guardian of the child (you are both natural guardian's of the child)?  What he is afraid of is that you will never come back and he has a right to make sure that the child is close by to him regardless of your situation.  And if there is an agreement or order in place then you would be kidnapping if you did that.  But you can not be restricted from seeing family so it is time to establish things legally.  Seek help.  Good luck.


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