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what are my rights? my sons father and i are not married, not together anymore. what are my rights to move out of state with my son and my husband?

i am married and my husband just got a job transfer. the only role my sons father plays is babysitter at his grandmothers house when i am at work. no child support, no law custody rights....... what are my rights?

Answer Question

Asked by indysownlilbit at 6:35 PM on Nov. 24, 2009 in School-Age Kids (5-8)

Level 11 (516 Credits)
Answers (13)
  • If youve never went court and him be granted any type of visitation or rights then you can leave without a worry. If you have been to court and he got some type of visitation or rights then you may need to clear it with courthouse first, but you can always move either way.

    Answer by heartfrommyson at 6:39 PM on Nov. 24, 2009

  • If there is no established custody you can go where you want to.

    Answer by Anonymous at 6:39 PM on Nov. 24, 2009

  • The moral thing would be to not take your son from his father. He may not pay child support but he does care for your child while you work that is worth more than he would pay in support. Your child is who you should think about. I get you won't do that since it will be about what your new husband and you want. But I think the child and the fathers feelings should at the very least be taken into consideration.

    Answer by Anonymous at 7:03 PM on Nov. 24, 2009

  • Women are the most vile creatures on the planet the way they cut fathers off. Karma is a big ole B.

    Answer by Anonymous at 7:04 PM on Nov. 24, 2009

  • Why come here asking legal questions? Ask a lawyer.

    Answer by Anonymous at 8:29 PM on Nov. 24, 2009

  • Do NOT just take him out of state, you can find yourself in a huge legal mess. Contact an attorney in your state to find out what you need to do. Just because there is no court documents, that doesn't mean the father doesn't have any rights. All he has to do is take you to court.

    Answer by tyfry7496 at 8:31 PM on Nov. 24, 2009

  • It depends on the state. I would call a lawyer in your area.
    I can go anywhere I want with my son and his "father" has no say, but I have an order for full custody.

    Answer by mommymeg03 at 8:57 PM on Nov. 24, 2009

  • Uh did you ladies notice that her husbands job got trasfered? This isnt just because she wants to move and take the kid away from the bio dad. I would talk to a lawyer just to be sure. Be sure to include bio dad in this also. You want to be honest with your son and beable to tell him you did what you could do to continue with the relationship. Dont assume how your son feels about his dad :).

    Answer by mistynights234 at 9:23 PM on Nov. 24, 2009

  • Well he is the father and even if he is not involved as you see fit he is still his father. I would not just take him and go. I would at least talk to the father. Obviously him not helping to support your son limits some rights but NOT all and he can take you to court if you try to take him and he disagree although more than lilley the court would allow you to go since its for a job transfer BUT I am no lawyer...Just keep in mind your son may resent you in the end if you take him from his dad.

    Answer by Anonymous at 11:59 PM on Nov. 24, 2009

  • ok thanks you misty.........and i am not thinking of this for myself or just to take my son away from his father. and let me rephrase something. his father still lives with his grandmother. my sons great grandma. if his father is out living out on his own he does not make time for his son. if he is in the picture becuase of living arrangements, he is in the picture. it is when it is convienent for him . and all u ladies, thanks for the answers . i am not self concieted in any way. i am not going to just stay in town for my sons father either. my son would still come to visit his family often as well as my whole family still lives here in indiana also. was just wanting to know what my rights were but i guess i should call an attorney.

    Answer by indysownlilbit at 8:45 AM on Nov. 25, 2009

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