If there have NOT been any legal papers signed or filed can a mom relocate out of state with a child.

You need to get the father's permission and the legal papers especially if the father would fight it.

I would call a laywer in your state and just ask because I am going through the same thing we have no divorce filed and I am trying to move out of state in hope that he will follow and the laywer told me and our marriage councelr told me that as long as no divorce has been filed he can't get me on kidnapping charges good luck I know how you feel

The only time you would be prohibited from moving is if there is a court order that would be affected by the move. If legal proceedings are pending you could be ordered to move back. But unless there is a court ordered visitation that would be affected by the move, you are free to go.

So Scott you are saying if there are no legal papers/court orders that the mother can just take the kid and leave the state and the mother can not get him for kidnapping? I personally would make the guy sign something legal just to be on the safe side
Whether the court was involved or not.
Why do I often hear of situations of where the mother and father verbally agree outside of the court to have joint custody and the father takes off with the kid(s) and gets in trouble for kidnapping??

If I remember correctly I told someone they could leave but to protect themselves they should get a notarized paper from the other parent stating they wouldn't go after them for leaving and you gave me a red mark stating that they had to go through the court.

Yes nohelp, if there is no court order in place they can just go, that is why as soon ( the day) you separate you should file for temp custody and at least temp visitation agreement so this would stop that from happening.

But a married person can not kidnap their own children.

Either way court order or N0 court order IF the father has any kind of relationship/involvement with the child I would get some kind of documentation from the father or the courts saying it is okay just to cover my butt if nothing more.
By legality I understand what Scott is saying but to stay on decent terms with the father
And so forth I wouldn't just take off without something in some form of official writing.

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Originally Posted by N0help4u

but to stay on decent terms with the father
and so forth I wouldn't just take off without something in some form of official writing.

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If the parents were on decent terms then its likely the non custodial parent is also on good terms with the children and therefore wouldn't be too happy about a move.

The point here is that the original question was simply whether the mom could relocate if there was no legal bar to it. Your answer was incorrect since she can move under those conditions.

When I was thinking of divorce, I asked this question. My family lives in another state and I would have had to move there to start over. Anyway, my attorney said I could leave with my child before the papers were filed. He also said my husband could just as easily leave with her.