Legal Question in Family Law in Maine
family advice
I am no longer with my sons father neither one of us has gone to court to get custody yet. But the father is on the birth certificate. Can I still move out of state with my son?
1 Answer from Attorneys
Re: family advice
It appears from your query that there is no order establishing parental rights & responsibilities. If that is the case, then it would appear that you could move out of state. You should be forewarned, however, that the father could file an action for parental rights and that the action would be filed here in Maine, requiring you to travel back to Maine to address the case. It is possible that your unilateral decision to remove the child so far from the father could be used against you. Unless there is some evidence of abuse, the father will, at least, be awarded some measure of contact and/or visitation. Even if the children are permitted to reside with you out of state, you will probably bear some responsibility to all travel costs associated with the visitation and contact.
Moreover, if you seek support from the father, some kind of action will need to be initiated here in Maine. I think you should probably consider bringing the action before you make the decision to uproot the children and move.