I am a single mother of a 3yr old boy. i am looking into moving from california to south carolina for a better job. can i legally do this? there are no court papers stating that the father has visitation right or custody and is not paying child support.
4 Answers from Attorneys
If you move without the father's written consent, you run the risk of father filing a motion for the child's return to California. The best outcome is a signed court ordered stipulation allowing for the move.
If there has been no legal proceeding filed. There is nothing to prevent you from moving with your child anytime and anywhere you choose.
True, that there is nothing stopping you from moving. But, if you have contact with the father, even though he has no visits nor orders regarding visits, I would send him a text or email at least a few weeks prior to your move to tell him of your intent to leave. The reason for this, is that keeps him from saying he had no notice and also, if there is to be a court "battle", then it will most likely begin before you take off and you can then seek counsel if needed. Good luck!
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