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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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i am the single mother of 2 children. i have never been married

Resolved Question:

i am the single mother of 2 children. i have never been married to their father, and have just lost my job. i would like to leave the state to better our financial situation. can i leave the state with them without his permission i am their primary care giver 100% of the time.
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

Is there currently a custody order in effect? If so, what are the terms?
Customer: replied 6 years ago.
no custody order.
Expert:  Ellen replied 6 years ago.

You may leave the state without the father's consent.

Here is why

Absent a court order or proceeding concerning the child, the parent in physical possession of the child has legal custody.

This means that without a court order concerning the child, both the mother and the father have equal rights. The parent that the child is with has the right to relocate or travel with his child as he sees fit and to deny visitation to the other parent.

I hope that it helps to know this information

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