Asked in Child Custody and Family Law for Arkansas

Q: Am I allowed to move out of state with my child without going to court?

My childs father and I were unmarried. We split about a year and a half after she was born. She has been with me for 2 years. He moved to another state for rehab but has moved back and now claims he wants to be part of her life though he shows no consistency. I want to move out of state within the next 2 years. Am I allowed to do that?

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1 Lawyer Answer
Patrick R. Lee
Patrick R. Lee
Answered
  • Crossett, AR
  • Licensed in Arkansas

A: It depends on whether he has established paternity. If he's signed an acknowledgment of paternity or his name is on the birth certificate, he may have an argument that he has rights to the child, but it also sounds like no court has awarded him visitation or anything. If he wants to stop you from doing anything, he'll have to take you to court.

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