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abatchelor · Apr 12, 2011, 09:30 PM

Me and my sons father where never married he is a drug addict that just recently got out of prison and is now wanting to be part of his sons life after three years. Neither one of us have custody my son has lived with me all of his life and I have been taking care of him by mself I want to move to Alaska from Oregon so I can get a better job to take care of my son but can I legally take my son. His father won't give me permission to go so what do I need to do please help

jenniepepsi · Apr 12, 2011, 09:55 PM

Just to let you know, YOU have custody. The ONLY way for the mother NOT to have custody is if the courts take it away. You automatically have custody.
You were not married, but did you put him on the birth certificate?
If not you have all the rights to do whatever you want, and he has none, until he goes to court to fight for those rights and establish paternity.

Was there ANY court hearings or court papers put together?

abatchelor · Apr 12, 2011, 10:05 PM

Yes he is on the birth certificate but no there are no papers filed threw the courts at all he has always lived with me and he has never did a paternity test

jenniepepsi · Apr 12, 2011, 10:55 PM

Then you will need to speak to someone more versed in law. This is out of the realm of my experience

abatchelor · Apr 17, 2011, 08:52 PM

Can I move out of state with my son if I havefull sole custody of my son with out his dads permission??

jenniepepsi · Apr 17, 2011, 08:55 PM

Do you have any court paperwork in place? Child support? Any of that?
If you have not yet, then there is no question, you can go anywhere you want. Until he files for custody you have full rights to do so

abatchelor · Apr 17, 2011, 08:56 PM

Neither one of us have custody I just don't want to move and get in to any trouble or have to move back

abatchelor · Apr 17, 2011, 09:00 PM

I haven't filed the papers for custody yet

jenniepepsi · Apr 17, 2011, 09:15 PM

You don't file papers for custody unless you had custody legally taken away.

From the second that baby came out of you, YOU have sole custody. No ifs ands or buts, until the courts take it away.

It is not until he files the paperwork with the courts to get joint custody or visitation that it chnages.

Were you married to him? That introduces more issues that I'm not familiar with

ScottGem · Apr 18, 2011, 03:31 AM

First, please use the Answer options at the bottom of the page for follow-up questions or info. Second ANY question on law needs to include your general locale as laws vary by area. Third, you really need to give us background to help in a situation like this.

Are you married? Is he on the birth certificate? How old is the child?

Definitely, if there are no court orders for custody and visitation you would be able to move, However, if he files for custody, you might be compelled to return.

There are two types of custody, legal and physical. You would have to have sole legal AND physical custody without any visitation to be able to just move. Even then it would probably be a good idea to inform the court.

I merged your two threads. Please don't start multiple threads with the same question. Use the Answer options to add follow-up questions or info.

I see that you stated he is on the birth certificate. Did you list him as the father or did he sign to acknowledge he is the father. Being on the birth certificate may give him some legal rights. So you would be better off going through the courts.