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Generally, it depends on the marital status and whether there is a custody/visitation order in place. Married parents have equal parental rights.

When there are existing court orders in the United States a custodial parent cannot remove the child from the state for any extended period without the consent of the non-custodial parent and the court of jurisdiction. A non-custodial parent has visitation rights and denial of those rights by the custodial parent would constitute a contempt of court. Most states adhere to the Uniform Child Custody Act which would recognize any order regarding child custody and visitation entered by another court. Many people do not realize that a divorce automatically gives the state control over your child until they are no longer minors. You can't just decide to move. The matter would need to be reviewed by a judge.

Unmarried mothers have sole custody until the father establishes his paternity legally. The mother could move if the father had never established his parental rights. Once his paternity is established he can request joint custody and visitations and the mother would be required to obey the court orders. She could not move without the father's consent and/or a modification of the visitation order by the court.

A father with no established parental rights would need to file for an temporary emergency order to prevent the mother from leaving the state. He would then need to follow up and establish his paternity to gain his parental rights at that time.

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9y ago
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9y ago

Generally, it depends on the details- state laws, the marital status and whether there is a custody/visitation order in place. Married parents have equal parental rights.

Unmarried mothers have sole custody until the father establishes his paternity legally. The mother could move if the father had never established his parental rights. Once his paternity is established he can request joint custody and visitations and the mother would be required to obey the court orders. She could not move without the father's consent and/or a modification of the visitation order by the court.

A father with no established parental rights would need to file for an temporary emergency order to prevent the mother from leaving the state. He would then need to follow up and establish his paternity to gain his parental rights at that time.

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14y ago

Needs to be stopped pending a full court hearing.

see link below

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12y ago

yes I'm sure they can. but the parent that took the kids out of state can e tooken to court by the other parent and try to get custody nd then it wont be legal

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Q: Can a parent move their children to another state without the other parent's consent?
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