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Will the father agree to your taking the child out of state?
Thank you for your question.
If you do not file for divorce, then you should file for a petition for custody and/or a move away order. I think it is ill advised to remove children from the State without the consent of the other parent. The legal ramifications could be more than you bargained for and the may view your move as an attempt to interfere in the child's relationship with her father. A move away order will protect you when you removed your daughter from the state and show the court that you are taking the provisions to ensure your daughter maintains an appropriate relationship with her father.
So, get the permission before you go. You can get the order separate and apart from getting divorced. In explaining to the judge why you want the order, you will want to address how the move will affect your daughter's relationship with her father, i.e. that you are willing to give him visitation or that he can come visit or that she can visit him.
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