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Can I move with my son from Illinois to another sate without his dad permission ?

Posted by on Aug. 29, 2013 at 12:04 AM
  • 45 Replies

 

Poll

Question: Can I legally move with my son from Illinois to another state without his dads permission ?

Options:

Yes

No


Only group members can vote in this poll.

Total Votes: 14

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I'm getting married to an active sailor and I have a 1yr old son with another man, some days we are okay and some days we are not. He changes his mind a lot because he doesn't want me to move on. Can I move with my son and then make agreements with his dad to take him on vacations and holidays ? Or will I get In trouble.. Also we were never married and he is on my sons birth certificate. 

by on Aug. 29, 2013 at 12:04 AM
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Replies (1-10):
Mom-does-hair
by Member on Aug. 29, 2013 at 12:05 AM
I did not vote. Depends on the laws there and if you have a custody agreement and what it says.
bahamamama61
by Member on Aug. 29, 2013 at 12:10 AM
Does he have visitation? And is there any kind of Court Order?
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springbabyface
by Member on Aug. 29, 2013 at 12:14 AM

No he does not, we have not gone to court for any reason he is just on my sons birth certificate.

kimscorner
by on Aug. 29, 2013 at 10:14 AM
1 mom liked this

If there is no court order awarding you legal guardianship you need to double check.  You may be able to since he has no court awarded visitation.  His name alone on the birth certificate doesn't mean anything as far as moving away.

Depends on your state.  For example, in Ohio, since there is no court order stating anything, and you were never married to the father, you would have what's called single mother's rights.  Which would mean you can do whatever you want...EVEN with his name being on the certificate.

You'll have to check the laws in your state.  But, if he were to get visitation visits, and you move out of state, be prepared for his visits to be more than a day consecutively (which means you may have to let him have your child for a week or two at a time).

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krisnkids
by Gold Member on Aug. 29, 2013 at 10:18 AM

Sure you can move, but dad can run to the courts and request that the child be immediately returned to the state. In other words, it can look like you are trying to run with the child. Go through the court system, request primary custody with a long distance parenting plan for the child. Expect to pay all transportation costs, which yes, that would included dad's ticket because the child is too young to fly by his/herself.

cupcake_mom
by on Aug. 29, 2013 at 10:21 AM
It depends on what the court order says. How long have you and your new man been together? Not too long if your son is only one, why are jumping into marriage with another man?
cupcake_mom
by on Aug. 29, 2013 at 10:22 AM
In that case you can move anywhere you want

Quoting springbabyface:

No he does not, we have not gone to court for any reason he is just on my sons birth certificate.

krisnkids
by Gold Member on Aug. 29, 2013 at 10:24 AM

 Not really. What it does mean is that legally dad is dad, both mom and dad said so.


Quoting cupcake_mom:

In that case you can move anywhere you want

Quoting springbabyface:

No he does not, we have not gone to court for any reason he is just on my sons birth certificate.


 

cupcake_mom
by on Aug. 29, 2013 at 10:25 AM
If they give him visitation it is up to him to get to his son and back or get his son to him and back not the other way around! The custodial parent is not in charge of transporting for the non custodial patent.

Quoting krisnkids:

Sure you can move, but dad can run to the courts and request that the child be immediately returned to the state. In other words, it can look like you are trying to run with the child. Go through the court system, request primary custody with a long distance parenting plan for the child. Expect to pay all transportation costs, which yes, that would included dad's ticket because the child is too young to fly by his/herself.

NovaChick26
by on Aug. 29, 2013 at 10:28 AM

I would say no that dosnt sound like a smart idea without talking to a lawyer first to see what the laws are and what consequences would be if you moved without notifying the father. Is his dad active in his life, do you guys currently have a custody arrangment in place?

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