I have a 2 year old son his father isnt on the b.c. my son lives with me. can i leave state or not?

Question

my son is two years old his father tells me he is going to take me to court for cusctody he is 19 works at burger king and doesnt have the money to take me to court i dont think i want to leave state but am afraid of getting in trouble. his father used to hit me so i left him. if i just moved out of state would i get in trouble? and i have been told that i am the established parent by my DCFS caseworker...i am involved with dcfs because my son got outside one day and was walking down the street and my neighbor called the police on me...will this effect any of this... i was told it wasnt since DCFS didnt take him from me but i was Charged with endangering the life of a child. his father sits around all day in his garage smoking weed and drinking whenever he isnt at work he has seen his son maybe twice in the past 6 weeks. he also has a paraphenelia charge against him and has a warrant for his arrest for beating me up back in november of 07... can someone help me?

Answer 1

oh my gosh! sounds a little rough. talk to a lawyer for free but the way that i understand it is that if this man is not on the birth certificate and there is no current court order you are legally the only parent and you can take him where ever you want! When there is a court order you will most likely have to get permission to take him out of state.

Answer 2

I think you should deffinatly win the case in court because the fater of your baby is a dud and will not be good for your son. Esp. since he is abbusive. That is a major componant in why you should win over the custody. but the too? do you drink? Are you a good mother, but not in your oppinion? If niether of you are good parents your son may end up for adoption.  good luck!

Answer 3

I would get a lawyer.  And in some states if you income is below a certain mark you can get one reduced, or pro bono.  Many questions would be involved, such as court orders.  Have the two of you ever gone to court over custody?  What does the custody agreement say you can/cannot do.  In my agreement I have sole custody, but have to remain in state.  At a later date I can go to court and petition the court.  Again, dependent on state, but the state I live in tried to give joint custody unless the other parent will endanger the child.  And it seems in this case DCFS is working with you to work out the details, are they working with the child's father as well?  The court will look at ever aspect, and if the father wants to be in the child's life most courts will work on an agreement for joint custody between parties.