Q: Can I legally move my son out of state without his father's consent? We were never married.
A: A child born out of wedlock is presumed to be the child of the mother, but the father's paternity has to be established in a family court case in order for him to assert his parental rights. A father whose parental rights have not been judicially established has no say concerning the child. Having said that, nothing prevents a father from filing an action in family court to have his paternity declared and to seek custody or visitation with the child even after the mother has moved.
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