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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27227
Experience:  Attorney with experience in family law.
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Can a mother move out of state with her children if

Customer Question

Can a mother move out of state with her children if paternity hasn't been established and there is no court order?
Submitted: 27 days ago.
Category: Family Law
Expert:  Lucy, Esq. replied 27 days ago.


I'm Lucy, and I'd be happy to answer your questions today.

Yes, she can. Until paternity is established and a court order has been entered, an unmarried mother is the sole custodial parent and is free to move if she'd like. However, if the father knows she's planning to do this, he has the ability to file a Petition to Establish Paternity and an Emergency Ex Parte Motion for Restraining Order, asking the judge to delay the move at least until there can be a hearing on whether the move is in the best interest of the child.

Note that it takes six months to establish residency in a new state, so the father could also file in the original state to establish petition and get visitation for up to 6 months after the move.

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Expert:  Lucy, Esq. replied 25 days ago.

Do you have any other questions about this?