If my daughter’s father and I don’t have any legal custody documents and I would like to leave the state, would I get in trouble if I do?

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If my daughter’s father and I don’t have any legal custody documents and I would like to leave the state, would I get in trouble if I do?

Can I just pick up and leave? Its really a long story but my daughters father doesn’t do anything for me. He feels like he can do anything he wants and argue with me for anything. I need to get away from him.

Asked on August 22, 2012 under Family Law, Pennsylvania

Answers:

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

Answered 8 years ago | Contributor

And you were never married?  Then you are the legal guardian of your daughter and unless and until cutody and visitation have been legally established you can control the situation.  The rule is that you can not leave the state with an intention not to return but that is where you have been married or custody has been established.  Good luck.


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