Q: DO I HAVE TO ASK FOR PERMISSION TO MOVE OUT OF STATEWITH MY 2 YR OLD.-NOT MARRIED-NO CUSTODY PAPERWORK-NOT WITH THE DAD.

A: The ideal situation occurs when one parent asks the other parent if he/she can move with the child to another state. In general, the parent not requesting the move will most likely file to establish custody and visitation in his/her home state (CA). Some parents learn that if they allow the other parent to leave the state with the child/children, they may have to pay a lot of money in child support and object to the move-away. The court's ideal situation is that a parent files in CA if there is no agreement and a judge can decide if a parent can relocate with the child. Parents may have good reasons to move and a move-away trial can determine these issues. Judges would be upset if a parent leaves the state only to have the non-moving parent file in CA to deal with custody and visitation. However, not having a case filed in California means there are no court orders concerning custody and visitation/travel outside of the state. There are circumstances when permission must be sought. If she moved to KY (without a case being filed prior to the move since there are automatic temporary restraining orders preventing moves like this) without asking for permission, he could file a case in California generally within six months to establish jurisdiction. Your daughter would have to deal with the case in California if he filed fairly quickly, and a California judge would have to decide custody and visitation, etc. If she moves to KY and is there for around six months without a CA case being filed, she might establish jurisdiction in KY with a KY court. Consulting with a local KY family law attorney is a good idea. If KY establishes jurisdiction, a KY judge will still have to rule on custody and visitation at some point, especially if the father cares at all to be in the child's life. Your daughter could obtain primary custody, but still have to provide visitation, etc. These are hotly contested issues in family law court. Your daughter should obtain a consultation with a family law attorney in CA and KY, and ultimately be prepared to battle the case. The battle usually arises when a parent asks for child support, but that is not always the case. More facts are required to provide a thorough analysis. The decisions she will make early now will impact litigation in the future. She should proceed with caution with whatever she decides on doing.