Legal Question in Family Law in Missouri

Not married..Can I take my child out of state?

My partner and I have been living together for 7 years. We have a 3 year old son. We may be separating. I have been as stay at home mom for the last 3 years. I have been looking for gainful employment for over a year with no success. I am worried that I could not support my son if I stay in Missouri. I have no family here. My parents have offered to let us live with them (in another state) to help support me financially and emotionally until I can find a job. My partner said that I cannot take my son out of state. Is this true? What if I am unable to support him in Missouri?


Asked on 11/28/06, 10:02 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Not married..Can I take my child out of state?

Is there some Court Order prohibiting you from leaving the state? Is there any legal determination that your "partner" is the legal father of your child? Is there any Court Order granting him any rights of any kind concerning this child? If the answers to these questions are all "No.", then take your child wherever you want to go. This "partner" could have married you before the child was born and thus become the legal father. Or, he could have filed a Petition in court seeking a determination of Paternity and become the legal father. Or, he could have availed himself of any other method to become the legal father and have some legally enforceable rights, but he apparently chose to take none of these actions, and so he has no rights concerning this child. And, as for you, you have apparently taken no action to do what is in this child's best interest since you have not had your "partner" legally determined to be the father and Ordered to pay child support. The child deserves the support of both of the parents!

If you struggle financially and have to go live with your parents it will be at least in part because you have chosen too have a child out of wedlock with your 'partner" and then not take legal steps to do what is right by that child. The child, by the way, may someday be old enough and inquisitive enough to ask all of the right questions and know exactly why things turned out as they did for you and your child. There is still time to try to make amends and take care of this child's legal right to the support of the father. Please consult with an attorney in your area and take legal action immediately.

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Answered on 11/28/06, 12:22 pm


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