If I am still married to my baby's father, can I take the child across state lines without his permission?

Asked over 3 years ago - Tallahassee, FL

My husband and I have been married for almost four years. We have a one year old son together but his name is not on the birth certificate. I want to leave my husband and move with my son to Syracuse, New York. What are my rights as the mother to take my child across state lines?

Attorney answers (1)

  1. Daniel C. Oliver

    Contributor Level 12

    Answered . Relocating a child away from the other parent without his/her prior consent runs completely against the principles of shared parenting and I would never suggest it or condone it. And such actions would most certainly be something a judge would consider in making an ultimate determination of where your son lives. That being said, as long as there is no current custody court order, I am not aware of any general law that prohibits a parent from moving across state lines with a minor child.

    Before you make any kind of decision that so drastically affects your child, I strongly suggest you speak to an attorney in your area who has experience in this area of family law and relocation. That attorney would be much better able to address the specific circumstances in your case and to explain the options you have.

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