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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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can i move my child out of state if there are no legal arrangements for custody? my child

This answer was rated:

can i move my child out of state if there are no legal arrangements for custody? my child is 10 years old and has always lived with me full-time but does have some visits with his father. i have never received child support and was never married to my son's father. i'm not looking to restrict visits with his father, but am getting engaged to be married and as a result will need to move from California to Arizona.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

If you were never married to the father, you are the assumed custodian of the child. If there is no court order, you may move out of state with the child.

LADY LAWYER :

However, the father can actually file for custody when you move and as long as it is within 90 days of when you move, CA will still have jurisdiction over your child.

LADY LAWYER :

So he can actually have the child brought back to CA if the court does not agree to let her move to AZ.

LADY LAWYER :

As long as he does not file within 90 days after you move to AZ, then he cannot file for custody in CA.

LADY LAWYER :

He would have to file for custody in AZ because that is where the child will be considered a resident after 90 days.

Customer:

Should I seek a court order before moving?

LADY LAWYER :

In any case, you are currently able to leave with her and you don't have to worry about legal reprecussions.

LADY LAWYER :

Sorry, him. :)

LADY LAWYER :

If you wanted to do that, you would actually have to file for custody yourself and then once it was granted, you would have to give the father notice of your plan to move. Then he could contest it in the court.

LADY LAWYER :

I would personally rather take my chances that he wouldn't file for custody within 30 days of you leaving.

Customer:

I see. Thank you very much. Your information is very helpful.

LADY LAWYER :

Even if he does, the CA court can still grant and allow you to stay in AZ.

LADY LAWYER :

That should read within 90 days of you leaving.

LADY LAWYER :

It is late and I was just about to sign off to go to sleep. :)

Customer:

Yes, I understand. I appreciate your help. Thank you very much... and good night.

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