Q: I’m thinking about separating from my husband. We have a 3-year-old son, can I take him with me in state?
What are my rights to my son and what are my husband’s, without a court order? I have been my son’s primary caretaker since birth and work from home. My husband works an hour away from the home. Can he take my son from me if I leave?
A: I am sorry to hear about this. Either parent may take the child elsewhere in the absence of a court order, however that parent can not withhold the child from the other parent. You should obtain a court order for allocation of responsibilities if you and the father disagree about the location of the child. An attorney can assist you with this.
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