Can I move out of state if I have primary physical custody?
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Can I move out of state if I have primary physical custody?
Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children.
Can I move out of state if there is no custody order?
If you have never been married to the father and there is no court order about custody, then you can move out and take your child with you. You do not need court permission to move out with your child. But the father can file a paternity case at any time, and then try to get custody and parenting time or visitation.
What happens if a parent moves out of state?
If you move without a court order or without the consent of the other party, a court may order you to return until it has considered the case. If there are relocation orders in place, moving may breach the order and the other parent may apply to enforce the order.