Can I move to a different state before I file for custody?

UPDATED: Dec 8, 2011

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Can I move to a different state before I file for custody?

I’m looking to file custody of my youngest child but I have no family or support system in my state of residence. My only option would be to continue living with the father of my child during custody proceedings, however, I fear that would put us in harm’s way. Can I move back to my home state, with my family and parents, before I file for custody?

Asked on December 8, 2011 under Family Law, Rhode Island


Paula McGill / Paula J. McGill, Attorney at Law

Answered 11 years ago | Contributor

More information is needed. If you were not married to the father and  the father hasn't legitimated the child, the father has no legal rights.  Therefore, you can leave the state.  Even if he has legitimated the child, if he hasn't sought visitation or custody, you can leave the state. Furthermomre, if there isn't a visitation or custody order, you have full custody.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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