QUESTION

Can I move to a different state and retain child support?

Asked on Apr 28th, 2011 on Child Custody - California
More details to this question:
I am a single mother, I got a job offer in a different state in my field, the baby’s father does not have a paternity suit nor a paternity test done, he went voluntarily (with out a court order) to a paternity place to get the test done and told me if I do not go I will get locked up until the results come back. I want to know if I will get locked up or what will happen if I do not show up. I want to take this job opportunity because I need to better my son and my life. Can I still move?
Report Abuse
5 ANSWERS
Tina Marie Fox
Partner at
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on May 03rd, 2011 at 9:35 AM
If there is not a court order stating you cannot remove the child out of state you have the right to move the child out of state for the betterment of you and your child's life. If you would like to discuss this in more detail, please feel free to contact our office for a free consultation.

Report Abuse
  • 4.4/5.0
  • 0
  • 1
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on May 03rd, 2011 at 9:17 AM
Yes, if there is no current court case pending and he has not yet even been judicially determined to have parental rights, you are free to go where you choose. However, if you leave and he decides to begin court proceedings to get parental rights established, the Colorado court will have what is called "home state" jurisdiction to decide those issues and, in theory, that court could require you to return the child to Colorado (that isn't likely, but it is legally possible on the right facts). If the father waits more than 6 months after you are gone to do anything, your new residence would have become the "home state" and he would have to come there.

Report Abuse
5.0/5.0
n/a
no client reviews
AV Preeminent
Answered on May 02nd, 2011 at 9:54 AM
If there is no proven paternity yet, then, yes, you can likely go to another state. However, you will also likely lose your support. The alternative is to go to Family Court and ask for permission to move to another state and arrange for visitation once you have moved. It would be best to speak to a matrimonial lawyer. Good luck.

Report Abuse
n/a
no client reviews
Answered on May 02nd, 2011 at 9:07 AM
Until there is a court order between unmarried parents that a male is the father, if there is no Declaration Of Paternity signed, that father has no rights until a court of competent Jurisdiction make a LEGAL finding that he is the father. That does not mean he cannot make up untrue facts and present those to a court to obtain an order for custody to him that could cause the child to be taken from you. This is hard to pull off but I have seen it done before. However, there is absolutely no way he can have any authorities "lock you up." You should have competent legal counsel hired and prepared to defend and dismiss any legal action the father may try in your absence. That person should be me. That way you can go in peace.

Report Abuse
Answered on May 01st, 2011 at 4:29 PM
You will not get locked up. If he has not filed a motion for genetic testing and a petition to establish a parental relationship, then he has no say in what you do.

Report Abuse

Ask a Lawyer

Lawyers from our extensive network are ready to answer your question.

0 out of 150 characters