Can I move state with my son?

Emily - posted on 10/05/2013 ( 4 moms have responded )

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I live in nevada with my sons father and we haven't been getting along very well. I have no family here so I wanted to move from our current state of Nevada to Illinois where my family is. Legally can I take my son out of state if his father says no? I really need help!!!

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Jodi - posted on 10/05/2013

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Generally, the answer is no. And even if you have no court arrangement, if there is a documented status quo, you may find he could apply to stop you moving. It just depends on the laws where you live. If the father is on the birth certificate, he may have equal rights anyway, regardless of court orders, so by moving, you may end up losing custody if he decides to pursue it. I'd suggest you speak to a lawyer before you make any decisions.

I'll be honest, I think it is rather selfish to move your child away from a relationship with one of his biological parents. I totally understand where you are coming from. I live a good 8 hours drive from my family and when I split with my ex (in a city I had only lived in for 9 months), the first thing I wanted to do was pack up and move to be with them so I had more support. But at the same time, I would NEVER deprive my son of a relationship with his father (whom I also don't get along with), so I made it work here where I live instead. I have never regretted my choice. Moving too far away may mean your son cannot establish a strong relationship with his father, and your son has a right to that. Just some food for thought.

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Jodi - posted on 10/05/2013

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Well, in that case, you might want legal advice. The facts that you have given are not enough to have a cut and dried case on moving your child away from his other biological parent. It actually IS possible to make co-parenting work even if you are the only parent making the effort to get along. It just depends on how much you want to do it.

Emily - posted on 10/05/2013

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Thanks for the advice but I can't stay here. I am currently unemployed and My sons father is the only person I have in this state. If him and I aren't together I have no other choice. I would never keep my son from his father intentionally and I would love to stay with him and raise our son together but unfortunately it's a two way street. If we both don't want this to work then there is no way it will.

Emily - posted on 10/05/2013

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we haven't been to court at all to establish custody arrangements so can I move before this?

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