Can my 6 week old babies mother move him out of the state if I am trying to get 50 percent custody?

If you ahve joint custody of your child you do have a say in her taking the children out of state. You would need to file a motion with the court asking that she bring the children back. She would have to be served and appeal in court and would be in contemp if she did not appeal that would hurt her because if she does not abide by the court rulings she could end up losing custody all together. The only promblem with this is if she does ignore all this and not appeal they would not issue an awarout of state but if she ever came back in the states they would grab her. So you need to think about if this is what you want to do. This is always hard on two parents when they want to got their own way. I know how you must feel you might also just try talking with her and see if she would consider moving back for the childrens sake.

If you already filed an establishment of paternity, which you should have done if you filed for 50% custody then go to the court house and file an OBJECTION TO RELOCATION. In your motion/petition state the mother has already left state and did not notify you within the specified timeframe. Get permission to serve by mail *via ex-parte order* and have it ordered that she return to the states. IF she is unable to return to the states then request that the child remain w/you until the decision can be made on what will happen. Now the child is 6wks old so that can be tough to get the child, but it is possible if she ticks the courts off especially if you put that you believe she is running to avoid the hearing. Proceed w/everything like you normally would. You should file for her to come back as soon as possible because once they are in another county for longer than 6months they can stay and cannot order them back. Good Luck.