Full question:
I have a 10 year old with a man I was never married to. Neither of us has ever filed anything through the court system. She resides in my home and sees her father on weekends. I have been given the chance to relocate to Texas where the cost of living is half. I grew up there and my mother lives there. Are there any legal ramifications for me taking her to out of state?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: California
Answer:
Unmarried fathers have rights similar to those of married fathers, but legal recognition is important. If you and the father have not established paternity through court or legal acknowledgment, the mother typically has custody. In most states, without a court order, the mother retains custody of the child. This means you may not be able to relocate your child without the father's consent or a court order.
If you wish to move to Texas, it’s advisable to seek legal counsel to discuss your situation. Establishing paternity can give the father rights to custody and visitation, which may affect your ability to relocate. If the father disagrees with the move, he could potentially challenge it in court.
In any case, both parents are responsible for providing for their child, regardless of marital status. If you cannot agree on custody or visitation, a court can intervene to determine what is in the child's best interest. It’s essential to address these matters legally to avoid complications during your move.
For more specific legal guidance, consider consulting an attorney who specializes in family law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.