Is it against the law for me to move out of state with my kids if I never married the father?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it against the law for me to move out of state with my kids if I never married the father?
I moved to another statewhile my kids’ dad was in Afghanistan. He is now back and saying he is going to talk to a lawyer and I’m going to have to bring the boys back to oklahoma and not leave the state until court is finalized. Is this true? We were never married and never been to court. Child support has been filed but not finalized.
Asked on May 1, 2012 under Family Law, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The general rule is that if you were never married and there was never a formal custody or visitiation order entered in to then you as the Mother are the legal guardian of the children. So if you moved he can not claim that you in any way kidnapped the kids. But he could go to court now to try and remove the children and I am sure that he will try. So you need to seek legal help here to find out the factors that you need to support your choice: better job, closer to family that can help, etc. Good luck.
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 AttorneyPages.com 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.