I live in Missouri my bf and I aren't married but have a 1 year old. Can he stop me from moving out of state?

Question

I just want to know if legally he can stop me with out taking me to court. I want to establish residency in FL but am afraid to leave b/c i don't know if he can stop me. I am also pregnant with our second child and he doesn't want it and has kept me stressed out and as long as I'm around him I will be so does anyone know anything about this? PLease help

Answer 1

Does your boyfriend support you or his child?

He could attempt to file kidnapping charges against you for taking his child across state lines, but since you are not married, he would be on very shaky ground with that accusation.

Since you two are not married, I believe that you can take your child and move anywhere you want and there is nothing he can legally do about it, even in the courts. However, I would definitely check with an attorney to make absolutely sure of the laws in MO.

Answer 2

I'm not a lawyer and I'm not giving you legal advice. Just passing on some things I have found.

First, is his name on the birth certificate? If not, he's probably got nothing and you have nothing to worry about.

Second, while researching a situation similar to yours, what I found seemed to indicate someone in his situation could not do anything. This is in general across the country:

"When a child's parents are unmarried, the statutes of most states require that the mother be awarded sole physical custody unless the father takes action to be awarded custody. An unwed father often cannot win custody over a mother who is a good parent, but he can take steps to secure some form of custody and visitation rights." (www.findlaw.com)

One possible way to combat the possiblity of "kidnapping" charges may be to send some traceable form of communication telling him you are leaving and taking the child with you. If you were married/divorced, you would have to give him notice, but you are not married and it doesn't sound like he has done anything to legally gain any custody of the child.

Again, I'm not a lawyer, so this is all speculation and an unlicensed interpretation. I'm sure someone in the Family Court system can help you. Stop by the local courthouse and you may be able to get some free legal advice. I suggest you try to get actual legal advice.

Answer 3

I live in Missouri also and i don't believe he can legaly stop you from transporting your child to another state but as everyone has sugested you maybe better off talking to a lawyer to see what your rights are and to protect you and your babies . Look for a Missouri State Attorney's Office number or on line to help . Good luck to you and your family .

Answer 4

Since you asked specifically about if LEGALLY he can stop you, it becomes a law question, which, as I am not a lawyer, is illegal for me to advise on, as I cannot practice law without a license. Consult a law counselor. Usually a phone call will not cost you anything. I wish you the best of luck! Don't move to a trailer in Florida; they don't stand up to all those hurricanes very well.

Answer 5

He can't stop you. As you said, he can take the case to court but it will be up to the Judge to grant his motion to make you stay in Missouri. The Judge will probably not grant his motion if you have a "reasonable" purpose for moving to Florida. He may not grant it anyway!! He will continue to have the right to see his child. Because of you moving to Florida, the Judge will almost assuredly make you meet him at least halfway to allow for his visitation with his child. Good luck!!

Answer 6

Without taking you to court, he cannot legally do anything. BUT, if he does get a lawyer and files the right papers, he can keep you from taking the baby with you.
You need a lawyer, or you need to leave before he gets one.

Answer 7

Not to the best of my knowledge. He may get nasty and go to court but let him and then he can pay childsupport and all that good stuff