Thank you for your question.
Since there is no custody order, you are within your right to take the child. However, this may instigate a custody battle in which the father files for custody and is then able to demonstrate to the court that you are prone to leave the state thus depriving him of parental access to the child. For that reason, some parents find it best to first obtain a custody order which allows them to relocate to avoid this situation.
Please let me know if you have any follow up questions.
You would have to file a custody application. A hearing would be set and sometimes an investigative process is used by the court if the parents can't agree on the order. It can take time.
Yes, the papers have to be served on him. He is entitled to notice of the proceedings.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).