i live in the state of california and im moving 2 tenn me and my ex have a child together can i take her with?

Question

i want 2 take her with out getting in trouble we were never married and never went 2 court over anything.

Answer 1

just get primary custody first ,file for emergency custody befofe leaving the state it won't take more than a couple of day's to do this,then you can take her anywhere you want.

Answer 2

Is he the legal father? If his name is on the birth certificate or if he was ordered by the court to pay child support then he is. Since you didn’t state that info, I’m going to assume that he is the legal father.

If there is no custody order in place, then it's not technically illegal for you to move the child out of state (it's not a criminal act, as long as you aren’t attempting to hide the child from him), but it’s not necessarily without repercussions either. He can request that the court order you to return the child to the state, and there’s a good chance that such a request would be granted. If he then petitions for custody, the court will take into the consideration the fact that you moved the child out of state without obtaining court approval to do so. It could very well work in his favor. Even if the court grants you custody and gives you permission the leave the state, you could be ordered to provide all transportation in order for the father to maintain visitation with the child (that’s going to get expensive) on the basis that you were the one who created the distance.

I would not advise simply moving. Go through the correct procedures to get custody and permission for the move.

Answer 3

If there was never a legal agreement, is the father supporting your child in any way? Legally, you can move without repercussion, but you have to consider:

1) if financial support is an issue - if so, do you need the support and

2) most importantly, if moving away from her father will have an adverse impact on her. If the father is not involved and your daughter has not bonded with him, it may be better to move on rather than risk a geographically close, yet emotionally distant father.

Answer 4

Well you could move to another state but he could also be able to stop you if he were to fill paperwork in CA. The thing would be to hope that he does nothing and that you can get to Tenn and then be able to declare residnecy after 6 months and then all paperwork would have to be filled in Ten and not CA.

Good luck

Answer 5

To me these type of questions always sound selfish.
YOU want to move and YOU want to take the child and YOU don't want to get in any trouble.
What does your ex want?
Does he even care?
Would it bother you if he wanted to move away and do the same thing?
What about the child?
I would say do whatever is best for her.
My guess is YOU will decide what is best for the child and most probably will do what YOU think is best.

Answer 6

You better be careful... if you had like divorce or custody papers or somethin, it'd be different... if you're not careful, you could get into like some kidnapping charges or something of that nature... I don't really know Californias laws or anything.. just be careful for your sake and your childs..

Good luck..

Answer 7

OMG you have to be so careful, if you just up and do ti without filling in courts, he could report you for kidnapping! if he has shared custody, i would NOT recommend doing that

Answer 8

do you have physical custody? Does he have any legal rights such as visitation? If you have physical and legal custody then you can do whatever you want, if he still has some legal rights he could fight you

Answer 9

Hon, consult an attorney. She has two parents and he has as much right to her as you do.