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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34813
Experience:  Attorney with 16 years experience
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If the mother of my child wants to move out of state without

Customer Question

If the mother of my child wants to move out of state without telling me when or where, what can I legally do if there's no current custody agreement?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Are you on the birth certificate?.And there is no formal custody order in place from a court, correct?..thanksBarrister
Customer: replied 1 year ago.
Yes I am on the birth certificate and currently there is no formal court ordered agreement. She just up and left and I want to know what I can legally do to prevent her from moving with my child.
Expert:  Barrister replied 1 year ago.
Ok, from a purely legal perspective, if you are on the birth certificate, but there is no court ordered custody agreement, then you both have exactly equal rights to physical custody of the child. That means that whoever has the child has a legal right to do so..With that said, the only way you could prevent her from moving with the child would be to either physically take custody of the child and refuse to return the child or to file a formal paternity court action in the local family court and have a judge issue an injunction preventing her from leaving the state until the custody case was decided...thanksBarrister

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