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need legal advise on taking baby out of state from father

im living w my daughters dad, bu no longer his fiance anymore. we decided to live together untill i could find a job and move out.. n no job and not a cent to my name.things are not working out and i dont think we can stand living under the same roof anymore. he says if i try to take my daughter out of state ( back to my home state to my family..who of which will help me get on my feet) he will file something in court and it wont be MY decision , but the judges if i get to leave or not. what steps would i take to find out what rights i have to leave. ?? please, any advise!

 
cnv13085

Asked by cnv13085 at 8:04 PM on Jan. 25, 2011 in Relationships

Level 13 (1,017 Credits)
This question is closed.
Answers (8)
  • If your ex isn't an unfit parent then most judges will order you not to move more than X miles away. Depends on the judge how far that is. If he files in court to make you stay in the same state as him there is not much you can do to fight it. Now if he is abusive or unfit in anyway you have a chance to fight it. Contact a family attorney in your state and see what they say. There are a lot of places that will do a free consultation and let you know what your rights are.
    kmath

    Answer by kmath at 8:09 PM on Jan. 25, 2011

  • Kmath is correct; most judges won't allow you to move more than a certain distance away from her father unless there are extenuating circumstances. You really need to consult with an attorney, as laws very greatly from state to state.
    Scuba

    Answer by Scuba at 8:18 PM on Jan. 25, 2011

  • Talk to a lawyer who specifies in family law. If you have little/no income you can google legal aid in your state or county and talk to someone for free.
    Nanixh

    Answer by Nanixh at 8:07 PM on Jan. 25, 2011

  • I'd call a local Domestic Violence Shelter. They deal with that all the time so they know the state laws regarding it.
    admckenzie

    Answer by admckenzie at 8:07 PM on Jan. 25, 2011

  • If there aren't any custody arrangements you can move to wherever you please. Just do it before he gets a chance to go file custody. Still check with a lawyer because of your state, but I know that in FL if there aren't any custody arrangements than you can move to wherever you please and once you get there and are considered a resident you can file all your paperwork there.
    katie0505

    Answer by katie0505 at 8:22 PM on Jan. 25, 2011

  • You can't file legal paperwork in a state that the child is not legal resident of. It takes about six months to establish legal residency. If the ex files any papers before then the courts will force the return of the child to the state he is in. If the ex is the type to follow through on his threats he's got you over a barrel. It is very difficult(read that darn near impossible) to get the courts to approve a move away from a parent that is actively involved in the child's life.
    desert_diva

    Answer by desert_diva at 9:49 PM on Jan. 25, 2011

  • so basically im stuck if we go thru the court process if i havent become a resident of the other state?
    cnv13085

    Comment by cnv13085 (original poster) at 9:56 PM on Jan. 25, 2011

  • There's always a chance, but the courts don't grant permission very often. You have to prove it is in the child's best interest, not your's, and the courts don't view moving a child away from an involved parent as being in their best interest. Even if you do get permission to move, if dad knows his stuff(which it seems he does) he'll request that you be responsible for 100% of the cost to get the child back for visitation and have a good chance of having it granted. So you need to figure those costs(both money and travel time when the child is small and can't travel alone) into the situation and decide if moving really is your best option.

    desert_diva

    Answer by desert_diva at 10:39 PM on Jan. 25, 2011