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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32308
Experience:  Began practicing Family Law in 1992
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I am an unwed mother of a 4 yr old in Arizona and want to

Customer Question

I am an unwed mother of a 4 yr old in Arizona and want to move out of state. The father has not filed any court papers at this time. But he does have my son on state medical insurance and foodstamps and is showing that my son lives with him. But he doesn't live with him as he lives with me. If there is no court involved can I leave the state? He knows where I am going which is 4 hours away. Thanks
Additional Information:
The home I have been living in free of rent is being sold and all my family lives where I am moving to.
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

If there are no court orders restricting you to living within the state then you can move. However, you need to be aware that the move of a parent often causes the other parent to file for order or, if orders exist, a modification of those orders.

Moving to be closer to family is usually allowed but the court is going to want to the parents to reach some kind of agreement regarding the father continuing to have access to the child. In addition, if there are no order stating that the child is to live with you then if the father picks him up for a visit he can keep him and file for orders in the state where he lives for at least the next six months since the state you are in now will have jurisdiction untill the child has lived elsewhere for six months.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 4 months ago.
THANK YOU!!!!!