moving out of state if the father has no rights?

Erika Thompson - posted on 01/10/2016 ( 4 moms have responded )

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Hi im erica! I am a single mom. My daughters dad is not aloud to legally see her since she was born. due to reasons. His rights are terminated or suspended. He has to go back to court tho soon, to determine If he can get any rights from there... I want to move out of state but I don't have court custody established since I am the only parent who she can be with. Am I able to move out of state without the custody? Do I have to wait to see if he gets rights back? Or can I leave now? Do I need court permission or do I have to just let the dad before leaving ? Someone help!

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Erika Thompson - posted on 01/10/2016

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I see sorry I wasn't sure if terminated ment for good or not is why I put that! They are suspended then. But we arnt sure if when he goes back to court if they will be removed all together, or if he can see her on visitatio . That's what the court is going to determine

Jodi - posted on 01/10/2016

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I guess I'm a little confused as to how the father has had rights removed and yet you have no custody through the courts. There is also a difference between rights being terminated vs. rights being suspended. Two totally different meanings - he still actually has rights, they have just been suspended for NOW. You should get legal advice on this one, but my guess is, you should seek court approval for the move. The danger in not doing that is that the courts may require you to return your child to the state.

Michelle - posted on 01/10/2016

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You really would be better off asking a lawyer.
It also depends on what your original court documents say regarding moving.
If he has to back to court then his rights have been suspended, not removed, so I'd say you need to check before moving.
If they had been removed completely, then you would have no problems and he wouldn't be going back to court.

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