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    Emilyhef87's Avatar
    Emilyhef87 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 26, 2013, 09:58 AM
    Can I leave the state with my child if I'm not married
    Hello Im just curious if I can leave the state with my daughter of three months if me and her father are not married? I am not married to her father and he left us about two weeks after she was born but I was told I needed his permission by a friend to leave and he has already told me no when I asked. Is it relevant if there hasn't been a court order regarding custody, child support, or visitation? I would like to move to California with her to be closer to my family (I live in Texas) and file for custody as soon as I get there because that will be the county we will live in. But as for now, because he is on the birth certificate, all I would like to know is it okay to leave state with my child or do I need to file first in the county I currently stay in? Im just worried he will call law enforcement and tell them I kidnapped my child! I think its funny how he wants rights and a say so but he doesn't want to dish out the means in providing for her. I had to work my entire pregnancy and use all of my funds on her while he sat back on a couch all day smoking weed and has yet to actually spend a dime on a bag of diapers or anything. I made the mistake of getting back together with him because I was pregnant and have had to be abused because I made the stupid decision to be with him so thankfully Im not in it anymore. I want sole custody because I just want to move on with my life with her and not have to deal with his crazy drama. I don't want to file child support because I won't receive a dime and if I do that then I will probably be stuck in Texas for the rest of my life. :( Needing some answers please
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 26, 2013, 10:40 AM
    If he is on the birth certificate he is the legal father. Therefore he has a say. Since there is no court order for custody, you could move, but you can't file for custody immediately. You will have to wait 6 months to establish residence. In that time he can file in Texas for custody which will force you to return the child to TX.

    So your best bet is to file for custody in TX with permission to move. On the other hand if he asks for visitation that could prevent the move.
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