[Tammerlot]

What is a mothers right to move out of state with the child if she is not married

[cdad]

This isnt an easy question to answer. First off do you have the fathers permission to move ? If not you may have to seek that permission. Another thing that we need to know is if there are any custody orders regaurding the child?

In theory you can move but if you dont tell the father and try hiding with the child you could be guilty of parental kidnapping. Another thing is that you could move and the father of the child files for custody forcing the return of the child and possibly also you.

It is much more complicated then just can I move or not.

WHat is going on in your case and was the child born in the State that you live in now ? If not how long have you resided in that State ?

[Fr_Chuck]

Not being married, does not take away any of the fathers rights.
Is there a child support agreement, is there a custody or child visit agreement, is so, all of these have to be considered.

Even if there is no custody agreement, if you move, the child's father can file an emergancy order in court, to order the child returned since his rights are being violated by your move. This assumes you and the father live in the same state currently.

So this is very complicated and can vary on what the current status is, and what the father may or may not do, if you leave.

[ScottGem]

Not being married has no bearing on the issue. A father has rights whether married to the mother or not. But we need more info to answer.
First, is the father on the birth certificate or has been legally established as the father? What state are you currently in? Has there been any court orders establishing visitation rights?

Bottom line if you leave without the father's permission, he may be able to go to court forcing you to return the child.

[AK lawyer]

...
Bottom line if you leave without the father's permission, he may be able to go to court forcing you to return the child.

Yes, but in general OP should be aware that (unless there is a child custody case pending) there is no law prohibiting the mother from taking the child to another state. And "parental kidnapping" laws vary from state to state. Thus whether she must notify the father or not in order to avoid guilt for such a crime (and whether she is prohibited from "hiding" the child from him) will depend upon the state law.

If she does move the child to another state, and if a custody suit is not already pending, the Uniform Child Custody Jurisdiction and Enforcement Act determines which state the courts of which have jurisdiction to decide custody. Generally, if the child is in the new state for six months or more after the move, that state then becomes the child's "home state", the courts of which which will have exclusive jurisdiction.