2006-07-05 05:38:12 · 21 answers · asked by vatoloco 1 in Family & Relationships ➔ Marriage & Divorce
I think he really can't do anything about it until a judge settles their divorce.
2006-07-05 05:40:26 · answer #1 · answered by darryldarryldarryldarryl 1 · 0⤊ 0⤋
your brother needs to get a lawyer and fast, most states will protect the father if he's willing to see his child and be a father to the child, he could very well get an order to make her have to stay in the state until the child reaches 18. But with out a court order she can do what she wishes.. Now if she can prove a extremely justifiable reason to leave the state, the judge may grant it to her, but if its just basically for a change of scenery then yes he can more then likely make her stay with in the state till the child is 18 although she doesnt have to live in the same city..
I had a friend that wanted to leave Wyoming with her child.. her bf abused her mentally and physically, she didnt have any family there so she wanted to go back to florida where she had a support system (her family) and a lawyer told her to get out of the state asap because they 1 werent married.. and 2 he didnt have an injuction against her to have to stay, but he could get one and make her stay till the child was 18.. So its very possible that she could be made to stay with in the state till the child is 18 but he has to act fast before she leaves
2006-07-05 12:45:50 · answer #2 · answered by brwneyedgrl 7 · 0⤊ 0⤋
NO it's called kidnapping and brother can call the cops and get a good lawyer for a divorce and custody or visitation rights and start paying child support ..
but if she ran because of abuse then she can and will do anything to protect herself and newborn and ask the new state for protection from husband and they will help her.
2006-07-05 13:32:17 · answer #3 · answered by montanamom 3 · 0⤊ 0⤋
She can do it but it's not legal. The sad thing is that she left your brother......he could always charge her with kidnapping......if he wants to pursue custody of his child......but I would try to contact her and at least try to do some type of agreement as far as the child is concern.....like setting up visitation/child support payments, etc. Go the nice route first......she might be going through some things and besides you don't know what kind of person your brother is in a relationship environment. As always contact a lawyer, so you can be fully aware of your legal rights.
2006-07-05 12:47:55 · answer #4 · answered by kitcat 6 · 0⤊ 0⤋
No your brother also has to agree to that but the laws are different form state to state. He will have to see an arbitrator or an attorney for that one my daughter had to do the same thing and get the OK from her ex-husband to leave the state. Good Luck...
2006-07-05 12:50:28 · answer #5 · answered by stealther.223round 1 · 0⤊ 0⤋
She can pick up and leave with no notice, but if there is a custody disagreement (ie the husband wants to keep visitning or keep his child), then I think it would be illegal for her to cross state lines until it is settled. If your brother has not started custody proceedings, get on em today!!
2006-07-05 12:41:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No she can't. My brothers wife did that and they made her come back with the child. She has no right to move a child away from a father.
2006-07-05 12:42:02 · answer #7 · answered by Stratman 3 · 0⤊ 0⤋
If there are no court papers stating differently, he can. They need to get the divorce going immediately so a judge can determine custody and get the child back. He is the baby's father so he does have rights.
2006-07-05 12:41:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
yes it sure is legal if she is the mother she doesn't have to stay in the same state as the father she can move with the baby as many times as she like and nobody can tell her anything well.. until he get papers from court for saying he has visitation until than hes out if luck
2006-07-05 12:45:32 · answer #9 · answered by yayo_upin_disbitch 2 · 0⤊ 0⤋
She can move, it's a free country. And she can take their newborn unless there is a court order saying she can't. Your brother should speak with a lawyer.
2006-07-05 12:42:08 · answer #10 · answered by kja63 7 · 0⤊ 0⤋
No actually it's not tell him to contact a lawyer ASAP seriously I know because my sisters fiance's ex-wife tried to do the same thing
2006-07-05 12:41:38 · answer #11 · answered by christysjosh_18 2 · 0⤊ 0⤋