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Am i allowed to remove my son from one state and move to a…

Customer Question
Second opinion] am i...

Second opinion] am i allowed to remove my son from one state and move to a different state without consent from the father if we are not married ?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New jersey

Lawyer's Assistant: Has anything been filed or reported?

Not at the moment only due to me recently telling him that i wanted to end the relationship.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I do currently live with him and his family, but i am the one who mainly supports my son would that affect any decision?

Submitted: 4 months ago.Category: Legal
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Answered in 1 hour by:
3/12/2018
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,617
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 4 months ago
okay thank you !
Lawyer: legalgems, Lawyer replied 4 months ago

Thank you for your patience.

So if the parties are never married and paternity has not been established, the mother is entitled to custody.

http://www.state.nj.us/health/vital/documents/factsheet/birth/pop_flyer_english.pdf

http://www.lsnjlaw.org/Family-Relationships/Paternity/Pages/Paternity-in-NJ.aspx#.WqatIOjwbIU

If the father is on the birth certificate via an acknowledgment then that father is deemed the legal father.

If there are no valid court orders on file either party has the right to the child so long as one does not conceal the child from the other.

However under the UCCJEA, a federal child custody jurisdiction act, if one parent leaves the state, the remaining parent can file for custody or visitation in the child's home state (which remains the child's home state for 6months after leaving).

So often if a parent wishes to relocate out of state they will either seek the other parent's approval or a court order to avoid having to return the child to the state.
As with all custody cases the court will make a determination as to what is in the child's best interest. Financial support is one of many factors.

The court may also order child support.

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Lawyer: legalgems, Lawyer replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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