Interstate Relocation With No Custody Order

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

I am a legal resident of Oregon, I am legally married (not living together) but recent had a child with someone else. I live in Missouri, no custody has been established but the father of my child is on the birth certificate (not husband)

I would like to move back to Oregon but don't want any parental kidnapping charges. Am I legally allowed to move as long as there is no custody cases or filing?

No legal/ state child support either.

My husband is a resident of Oregon also

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Hit post to quickly

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Quoting Misslala

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

I am a legal resident of Oregon, I am legally married (not living together) but recent had a child with someone else. I live in Missouri, no custody has been established but the father of my child is on the birth certificate (not husband)

I would like to move back to Oregon but don't want any parental kidnapping charges. Am I legally allowed to move as long as there is no custody cases or filing?

No legal/ state child support either.

My husband is a resident of Oregon also

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Hit post to quickly

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You have custody by default. Since there are no court order establishing rights for dad, you are free to move anywhere you like. However, dad is also free to rush to court to attempt to either stop you from relocating with the child, or to attempt to gain primary custody if you do. However, the fact that you are legally married to someone else complicates things for dad.

If there were custody orders Missouri would require you to give dad 60 days notice of your intended move. Dad would then have 30 days to object by filing court paperwork. You should probably follow that same rule in this situation...to be safe. Put your notice in writing.

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Quoting llworking

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However, the fact that you are legally married to someone else complicates things for dad.

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Not under the facts we've been given. The biological father who might oppose the move, not the spouse, is on the birth certificate as the child's legal father.

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Quoting Mr. Knowitall

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Not under the facts we've been given. The biological father who might oppose the move, not the spouse, is on the birth certificate as the child's legal father.

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I agree...however the husband could assert paternity and make a mess if he was so inclined. In the end the bio-dad would still end up being the dad, but he could make things more complicated.

So if I move and don't tell him I won't get into trouble as long as I file for custody as soon as I'm there? Because there is no legal custody agreement

You can file whenever or wherever, but if you've not lived there long enough to be established as a RESIDENT of your new state, the legal father can turn around and file in the original state (where the CHILD would still be a resident), and the court can demand that the child be returned to that state until proceedings make a determination of custody.

I am going back to my state of residency. I vote, pay taxes, car is registered there.

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Quoting Misslala

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So if I move and don't tell him I won't get into trouble as long as I file for custody as soon as I'm there? Because there is no legal custody agreement

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Quoting aardvarc

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You can file whenever or wherever, but if you've not lived there long enough to be established as a RESIDENT of your new state....

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To be more technical, the issue is the state of the child's domicile. Basically, once mom tries to relocate the child's domicile to another state, under the UCCJEA dad has a six month window to try to keep jurisdiction in Missouri and, if he files for custody, he could potentially get an order requiring that the child be returned to Missouri pending the resolution of the case.

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Quoting Misslala

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I am going back to my state of residency. I vote, pay taxes, car is registered there.

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How long have you been in Missouri?

"If I move and not tell him"?

Well, that's made your agenda crystal clear.

While it's true that you can move, if you're hiding the child, you can expect the court to be markedly less than happy with you, court order or no court order.