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An unwed mother is, in all U.S. states legally presumed to hold sole physical and legal custody of a minor child until such time a court rules otherwise. That being the case, she can relocate if there is not a custodial order in place that prevents such action.

It would be wise, however on the part of the mother to notify the biological father of the move and to keep in touch with matters concerning the child. This is especially important if there are child support or custodial issues in the future. Such action shows good intent on the part of the mother to keep the father a part of the child's life.

It goes without saying, if there are mitigating circumstances such as a history of domestic abuse the mother should take whatever precautions necessary to protect herself and her child/children.

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11y ago
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11y ago

Sure the father can move. However, if there are children involved, he cannot remove them from the state without a modification of the custody and visitation orders if the mother has parental rights. It would go easier with the mother's consent.

If the mother has custody and he is not planning to take the children but is considering moving himself, he should consult with an attorney ahead of time about modifying his custody and visitation orders. He will need an agreement for visitations in place before he moves.

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14y ago

Beyond 50 miles, the father can file an injunction.

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Q: Can a divorced father move out of the state of Florida without the mothers permission.?
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