Family Law Questions? Ask a Family Lawyer Online.
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.