I have decided to move out of my baby's Daddys house. I haven't seen a lawyer yet. I was wondering if anyone knows if I can leave the State of CO with my one year old. We are not married..THANKFULLY. If I can't leave the state, do you know how close to him I have to live?
dedpends on if he is on the birth certificate......that also makes alot of difference. but if he is and there is no custody agreement then either of you can move with the child.
It depends. If there is a custody agreement in effect-No. The agreement would specify how far you can move etc. If not-Yes. Just know that he could do the same, or decide to keep the baby and not give him/her back. I've known many situations were this has happened and let me tell you it never ends well. Right now, if there is no formal order or agreement, neither of you has "custody" you are each a parent and has rights as such. What is your motivation? Is this out of spite? If so, rethink it, it's not worth the drama that will follow. If you tell him ahead of time, he could get a lawyer and petition to keep you from moving but so far from him. If you just move without telling him they can't make you move back, but other things you may not like can happen. How far are we talking, How will your child see him, all these things need to be considered. Is he on the birth certificate? I am on record in my state as the custodial parent, but he could still prevent me from moving more than x miles away, I need his permission to leave the country with them, Heck I needed his permission to get the passport. We do not have a custody agreement, just a support one, they are different. I don't know your reasons or anything, but try to talk to him first, if possible. Good Luck.
Leave the state like move 30 minutes out of state lines, or leave the state like you're moving to Europe? Big difference.
Get a lawyer.
Typically, if there are no court orders in place, you can take the child. BUT he can file for custody in CO and you will have to return to go to court. CO has jurisdiction, even if you leave the state, for at least six months. After you and your child reside in another state for I believe it is 6 months, then you may be able to file for custody there. By the way, you will file a petition to establish paternity because you weren't married. Custody, visitation, etc., will be decided in the paternity action.
