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If the court has not issued a custody or restraining order, the law assumes that either parent retains full custody rights, therefore, you may move with the child wherever you so choose. However, the biological father can file a petition to stop the move, until the divorce is final and custody has been granted to one or both parents. Since the husband's/father's name is not on the birth certificate depending upon state laws, the father may need to establish paternity before such an order could be granted.

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Q: If you are divorcing and the father's name is not on your child's birth certificate and you are planning on marrying a Marine can you move out of Missouri to California with the child?
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