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Can I move to California with my child even if I’m not married to the biological father?

Q: My son is 6 months old the father and I are having relationship problems also his mother smokes inside the home and I don’t want her near him when she smokes.

A: David’s Answer: Whether you are married or not, a relocation of a child out-of-state generally requires express permission of the non-custodial parent (which should be reduced to a written Parenting Agreement), or court permission. You are best advised to file a custody petition & include in the petition your request to relocate with the child. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

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