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Mom Confessions Mom Confessions

custody questions

Anonymous
Posted by Anonymous
  • 127 Replies
I have a friend whose bf is abusive. She wants to leave and come home to her parents.
They have a child. I know custody laws vary by state and she will be coming here. I know the laws here.
Her bf told her it was kidnapping if she took their child. There is no custody agreement. They've never been married.
What state's laws will this be on? The state she is leaving or the one she is coming to?
Here, she has 100% custody bc they aren't married. She is in Kentucky now. I don't know their laws.
If she moves here she doesn't even need to file custody. She has it bc she's mom. But we don't know what to do about KY. Can she just establish residence here and it be our laws?
Posted by Anonymous on Jun. 24, 2012 at 11:47 PM
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Replies (1-10):
SweetPea05
by on Jun. 24, 2012 at 11:49 PM
1 mom liked this
As far as I know, in most states you cannot take a child out of state without either a court order or the other parents permission.
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mommysangelface
by Emerald Member on Jun. 24, 2012 at 11:49 PM

has she reported the abuse?

has she been seen by a doctor for injuries?


Anonymous
by Anonymous 1 - Original Poster on Jun. 24, 2012 at 11:55 PM
There is no custody agreement. Here I can do whatever I want. So the issue is which states laws does she follow.

Quoting SweetPea05:

As far as I know, in most states you cannot take a child out of state without either a court order or the other parents permission.
Anonymous
by Anonymous 1 - Original Poster on Jun. 24, 2012 at 11:56 PM
No. Only 1 car. She's missed her kid's checkups bc he won't let her have the car. He takes her phone most days, too. So I talk to her maybe once a week.

Quoting mommysangelface:

has she reported the abuse?

has she been seen by a doctor for injuries?


Mrs.Bryant1201
by Platinum Member on Jun. 24, 2012 at 11:56 PM

What I thought.

Quoting SweetPea05:

As far as I know, in most states you cannot take a child out of state without either a court order or the other parents permission.


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LexRi0709
by on Jun. 24, 2012 at 11:56 PM
2 moms liked this
If she leaves the state, he can file kidnapping charges. If she files for a domestic violence injunction and goes to a shelter they will be able to help her through the legal process and try to get her back home.
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Anonymous
by Anonymous 2 on Jun. 24, 2012 at 11:57 PM
I goes by state the child was born in until they establish residency in new state (usually 6 months) Also if ex files for custody in origional state she would have to go back there for court.
Anonymous
by Anonymous 3 on Jun. 24, 2012 at 11:59 PM

 Because they are not married she can leave as she has full custudy, unless they have a court order that gives him joint custudy.  Went through this with my brother till he married the person.

Anonymous
by Anonymous 4 on Jun. 25, 2012 at 12:00 AM
in the state of new mexico if there is no custody agreement there is no way one parent can accuse the other of kidnapping. I found this out a year ago when i took my ds an hour from his dad and was going to bring him bk but when i got ds he was filthy so i didnt take him bk, ex called cops and thats when i was informed:) id call and aske her local pd, also if there would be an issue have her go a shelter they will help her with the paperwork and get her on her way:) i hope this helps
SweetPea05
by on Jun. 25, 2012 at 12:00 AM
I saw that there wasn't a custody order, what I meant is, and I know for a FACT in my state you have to have a custody order or the parents agreement. Either or.

OP, it is always the best bet to get these things on paper in front of a judge. The easy way to find out would be to consult a lawyer.


Quoting Anonymous:

There is no custody agreement. Here I can do whatever I want. So the issue is which states laws does she follow.



Quoting SweetPea05:

As far as I know, in most states you cannot take a child out of state without either a court order or the other parents permission.

Posted on CafeMom Mobile
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