If custody has not been established, can a parent legally move their child out of state?

If custody has not been established, can a parent legally move their child out of state?
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1 Answer

Answer :

answer:Is his name on the child’s birth certificate? If so, he does have some paternal rights and he could try to stop you from moving out of the state if he wanted to. That being said, as there is no custody agreement already in place, it would all depend on if he fights it and who the judge is that you appear in front of. NY does allow the custodial parent to move out of state in some cases, but it can be blocked as well depending on the situation. If his name is not on the birth certificate, he would have to establish paternity before having paternal rights. Honestly, you should try to speak with a family lawyer to be sure you are doing everything you need to do from a legal standpoint so that it isn’t held against you later on. You should also try to get a custody order before you move stating you have sole physical and legal custody. There are some lawyers that will do a free consultation, try to find one of those to speak with for starters and go from there. Good luck!
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