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Is the attorney correct?

I have a 13 month old boy, he has lived with me since I've given birth to him. His father and I were never married and have nothing at all established in court about custody or child support. He does take our son once or two times a week for a few hours.
Anyway, I want to move to a new state where I know I'd have a better life also to get away from MY mother who is an alcoholic and used to physically abuse me and still verbally abuses me.
An attorney told me I have full rights to do so because there is nothing pending in court, and after 6 months of being in the new state, my ex cannot make me come back to this state. Is she correct? Anyone going through the same thing?

Answer Question

Asked by Anonymous at 3:13 PM on Mar. 9, 2011 in Toddlers (1-2)

Answers (7)
  • Yes. With no custody order you and the dad both have equal rights to the child, which means if you want to move you can. However, ex can and maybe will since he spends time with the baby file for custody before the 6 mths is established and you would have to come back for custody matters. It doesnt mean you would be forced to stay in the state, or he would get custody, but that state could and would hear it.

    Answer by gemgem at 3:15 PM on Mar. 9, 2011

  • correct!!!!!

    Answer by kkbird at 3:15 PM on Mar. 9, 2011

  • seriously....your attornay could not give you illegal advice....she could go to jail for yes i would say that it is true....but you could always call and get another opinion from another attorney...

    Answer by Anonymous at 3:15 PM on Mar. 9, 2011

  • I have no idea. This will depend on your state and county most likely.

    However, it's a bitch thing to move away, not tell your ex, and keep the baby from the father. He is actively seeing this child and you're going to deny your son that? Wtf?

    I hope that he finds you, and trust me it's very easy for people to find others these days. Neither of them deserve what you're willing to put them through.

    Answer by Razelda at 3:15 PM on Mar. 9, 2011

  • Honey, a lawyer would know a lot better than we would. I would trust a credentialed person more than i would a cafe mom!

    Answer by lowencope at 3:16 PM on Mar. 9, 2011

  • That is true if there is no custody order there is nothing he can do.

    Answer by UpSheRises at 3:19 PM on Mar. 9, 2011

  • really, why would you take the baby from his father if the father is active in his life?Move away from your mother, but if your child's father is stepping up, then take it as a blessing. It still would be a good idea to get thing settled in court, so that a visitation order can be put in place. If you move and he files, you stand to lose your son for up to 6 weeks every summer, every other spring break, every other Christmas break and other holidays determined by the court. Me myself would never want to be away from my child for 6 weeks, but that is standard out of state custody visitation arrangements. Or the dad can turn around and dick you first by having a "permanent county" clause put in the custody agreement. It states you cannot move out of the county without the written permission of the other parent, my ex did that to me.

    Answer by shivasgirl at 4:27 PM on Mar. 9, 2011

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