Can I take my daughter out od state to live?

UPDATED: Nov 8, 2011

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Can I take my daughter out od state to live?

My child is 15 months old. I have lived with her father and his family for 2 years. I have no other living situation available to me. I now wish to take my daughter to another state to live with my mom. Her father has agreed to this move but his parents are trying to change his mind. What are my rights? Can I make this move as her mother?

Asked on November 8, 2011 under Family Law, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you and the child's Father are not married (and never have been married) and have no formal agreement or court order in place, you are technically the child's only legal guardian and can make decisions for her and you based upon that.  Now, I am not saying that it is a good idea to go against the Father's wishes and start any dissention between you. But it appears that the Father is okay with your moving.  So now what you should do - before his parents get the best of him - is to go and seek help from an attorney to establish your rights as to your daughter between you.  This is not only custody but child support.  Good luck. 

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