Can I Move Out of the Country

My question involves a child custody case from the State of: South Carolina

My son was born in January. His father and I were never married. He is named on the birth certificate. He has been pretty much uninvolved in my sons life, and has provided less that $100/month in support. Support is sporadic, and I have had to ask repeatedly for it. I am originally from Europe, and have no family here. I would like to relocate with my son back home, where I will have the support of my family. We have no custody or support order.

Can I do this?

The child needs a passport. As the father is identified on the birth certificate, for a U.S. passport that means either getting dad to cooperate (in which case he'll figure out, at a minimum, that you are considering international travel, and may ask your plans) or going to court and winning a custody order giving you the legal right to get a passport without dad's consent (in which case you may as well go whole hog, and ask for permission to relocate).

My son is a dual national, as I never gave up my citizenship. Therefore, I have applied for a passport from my home country, which does not require both parents.

Be aware that if dad responds to your disappearance by bringing a motion for custody the U.S. court will order the child returned to the U.S., and most European countries will respect that order.

As for a passport. I have sole custody of my son and was able to apply for a passport and take my son out of the country without his fathers permission.

MLB, you are not the OP, are you?

I think MLB is sharing the obvious fact that if you have sole custody you can get a passport for your child. That was already pointed out; but in this case there is no custody order.

Let me restate my question, hopefully to where i can get a straightforward answer- when there is no custody order, is there any law preventing me from relocating? i understand that if i do, and then the dad challenges it, there will be consequences. But my question specifically is AM I BREAKING ANY LAW BY MOVING?

You did not previously ask "Am I breaking any law by moving," but if there were such a law I would have mentioned it when explaining to you the possible consequences of your plan.

Quote:

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Quoting scotcat

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...when there is no custody order, is there any law preventing me from relocating? ...my question specifically is AM I BREAKING ANY LAW BY MOVING?

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Depends...

Relocating the child may not in and of itself break any law.

However, international travel with children is subject to restrictions that do not apply to relocating between states. If you obtain a passport for your child under false pretenses by lying or mirepresenting ANY facts regarding the child or father, that would be breaking the law.