Is It Okay To Move Out Of Nevada To South Carolina With My son If The Father Is Not On The Birth Certificate?
Today’s question comes to us from Luciana, and she wants to know, is it okay to move out of Nevada to South Carolina with her son? The father of the son is not on the birth certificate. She feels that this should be okay to do.
To answer Luciana’s question about relocation, which is what it’s called when you take a child out of the state and move him to another state. Even though Luciana says that the father of the child is not on birth certificate, she has admitted that he is the father, and he is aware that he is the biological father.
For any parent to relocate a child out of the state, they must do it in two ways:
One, get an agreement from the other party, or two, file a motion for relocation with the court and get the court to approve the move. Absent either one of those two, you’re going to have a problem if, for example, the father decides that he does not want the son moved out of the state where he lives and he will fight that in court. You will then, Luciana, or anyone else in this situation, must go to court and explain to the judge why it is in the best interest of the child to be moved from Nevada, in this situation, to South Carolina, why is it better for the child? Not for the parents, because the court is never going to look at what is best for the parents, but only what is best for the child.
If, Luciana, for example, you do remove the child from Nevada, you go to South Carolina, the father files a motion saying you need to return the child because he never gave permission for you to relocate, you go to court and you make an argument to the judge why it is in your son’s best interest for you to move. If you fight and convince the judge that the move is in fact better for your child, then the judge may award that relocation, and you can go ahead and move out of state. But if not, if you’re not able to prove to the judge that it is in the best interest of your son to move from Nevada to South Carolina, you will have to either remain here with your child or you are able to move but the child remains here, and the dad of the child will get the primary custody.
I hope this has clarified and answered this question. If you want to discuss this further, go to vegasdivorcemeeting.com.
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