Q: Can a mother and child leave the jurisdiction after being served with a petition to establish legitimation and custody?
A: Most likely no. When you were served with the Petition to Establish Legitimation and Custody, you were also likely served with a Domestic Relations Standing Order for your county. Said Standing Order most likely (I cannot guarantee since every County's order is different) prohibits you from leaving the jurisdiction of the relevant Court until such time as the Legitimation/Custody action is resolved. You may be able to petition the Court in which said action is pending, however, to allow you to leave the jurisdiction of said Court, but it is unlikely that they will grant you such leave. Note that taking a child out of the jurisdiction of the Court where the Legitimation/Custody action is proceeding without leave of Court IS A VERY BAD IDEA; it is almost certainly the #1 way to lose your custody case and potentially land you in jail. Please speak with a family law attorney in your area ASAP to come up with a strategy to help you accomplish your goals while avoiding losing custody of your child and going to jail.
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