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Español.How can father prevent mother from taking kids out of state? (no custody order)
[ASSUMING THTA IT IS THE FATHER WRITING IN, CAN ADD: In general, whether or not a parent can move out of state with a child without the other parent’s agreement may depend on many factors such as if the father’s legal paternity has been established, how the state views a father’s paternity rights, if there is a current custody order, and what the state’s parental kidnapping law says about a person leaving the state with a child. You may want to try to consult with a lawyer to figure out how these factors may come into play in your particular situation. Here is a link with legal referrals in STATE: LINK]
If one parent is thinking of moving out of state with a child against the other parent’s wishes, often the parent who disagrees with the move may be able to file in court to try to stop the move. It could be that the parent may decide to file for custody, visitation, or some other type of petition in which s/he may be able to ask the judge to order that the child must remain in the state until a final court order is issued. I cannot speak to your situation and as to whether or not you may be able to file anything in court – you would have to get advice from a custody attorney in your state.
If it is a father who is filing for this, in some states, he may have to prove that his paternity was already established or in other states he may be able to file for paternity (if it wasn’t established) at the same. Do you know if your paternity was established at the child’s birth, through a child support order, or in some other way. If you are not sure, you may want to talk to a lawyer to see whether or not your paternity was established and what effect, if any, it may have on your ability to file in court to try to prevent a move.
If the parent has or gets a custody or visitation order over the child and there is some type of fixed schedule, the other parent may have to ask for permission from the judge to relocate or take some other steps required by law (such as notifying the other parent in writing, for example). The judge will consider a lot of factors such when deciding whether or not to allow the move, specifically focusing on whether or not it is in the child’s best interest to move.
Here is a link with more information about custody [HYPERLINK] in [CURRENT STATE] and here is a link for lawyers [HYPERLINK] in your state if you want to get legal advice or representation about your specific case.
