Legal Question in Family Law in Minnesota

Re: Leave the state without father's consent

If you have never been to court and you are not married to the father, then "legally" he is not yet the father of your son. However, if you do move out of state without his permission or the permission of the court, he could hire a lawyer and drag you back here while the court decides whether it is appropriate for you to take your son out of state or whether he should remain in Minnesota. It may be better for you to commence an action for custody and get permission from the court to move out of state as part of your case. However, without meeting you and discussing all of the details, it is hard for me to advise you regarding your options. We do offer a free initial consultation if you are interested.

Re: Leave the state without father's consent

I would need more facts to answer your question -- whether you are married, and if not, whether the father has been adjuducated the father in a paternity proceeding. In either case, there is nothing in the law that precludes you from moving out of state with the child, and if paternity has not been adjudicated (and you are not married), then as a matter of law you have sole legal and physical custody.

If the father objects he will be required to start a divorce or custody proceeding, and at least during the time the case is pending, a move may not be permitted. Whether you would ultimately be permitted to move would then be up to the court, and would depend on the evaluation of the custody factors in the divorce statute.