Q: Can I move out of state if there are no custody orders in place?
Me and my son's mother have broken up, and the only reason I am in state is because of her. Is it possible for me to move out of state with my son? There is no parenting plan or custody order in place , my son currently resides with me and not his mother.
A:
NO. Since you call her "my son's mother" ( as opposed to your "wife") I assume you were never married to this woman. If a child is born out of wedlock, the mother is, by statute the legal guardian of the child. ( You don't say whether your name in on the birth certificate, so I assume it is not). In other words, your relationship to the child ( paternity) has never been officially recognized by a court, so by operation of law, the mother is the legal guardian.
You should file papers in court to establish your relationship as the father. If you and the mother can't agree, a judge will decide who should be the primary caregiver for the child ( likely you, since the child is now living with you) and how much time each parent will get and how much child support must be paid. You would not like it very much if the mother took the child and just up and moved away without your permission, so don't do it. That is not the proper way to deal with this situation.
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