Does mom have right to take child out of state

[understress]

My son was born in Michigan. After his mom and I broke up, she moved him to Texas without my permission. It has been 6 years since they left. I have not seen him in 4 years because she refuses to let him fly up here. She says the only way I can see him is to drive to Texas. But I do not have the money for gas and to take time off my job to drive down there.
Is it too late for me to take action? Will they make her bring him back to Michigan? She has never filed child support and we have never been to court. What will happen if she does file for support? Will they make her drive half way up here to meet me? I'm not sure what to do. Help!!!

 

[irish223]

If you were not married, then you would have to establish paternity and go to court for custody/visitation rights. Since you never did that, then she probably didn't need your permission to move, nor is she obligated to allow any visitation.

You can still file for visitation and to establish paternity; however, it's unlikely that you will be allowed visitation in Michigan until you have developed a relationship with your son. It is also unlikely that she will have to move back to Michigan. In fact, since your son has lived in Texas for 6 years, I believe that you will have to file in Texas.

 

[Duranie]

you have waited far too long for the courts to make mom relocate. You obviously have not been that concerned about it. since so much time has passed the courts msy not make mom help out with transpirtation but you can try. TX likely has jurisdiction. You should have filed right when mom moved, that way MI would have jurisdiction. Was paternity established? Be advised mom will likely file for child support and she will probably get some. You can ask for CS to be reduced to make up for travel expenses but if you cannot afford gas or a plane ticket now, I don't think you'll be seeibg your son much.