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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9329
Experience:  since 1983
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If there has never been a court order established for

Customer Question

Hi, if there has never been a court order established for custody and we were never married can I relocate out of state with my daughter and not be penalized by her mother
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: there is no court order. I currently reside in VA , and I'm thinking of moving to TX
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Can I relocate with my daughter, if there has been no court order issued. Me and the mother have never been married. Moving from VA to TX
Submitted: 8 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 8 months ago.

Thank you for your question.

The answer is No.

"If the parents are unmarried, the child is the child of his/her mother." from

Unless paternity is established and there is a Court order relating to custody, the mother has sole custody, and if you cross a State line with the child without her consent, you would likely be facing criminal prosecution. Also, the mother will be able to legally reclaim the child.

I suppose this is not the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to provide accurate information.

I hope this information is helpful.

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