Father should have rights too. He sees him (saw) him and had him at his home a LOT. I asked this question earlier and am hoping someone might KNOW the answer. All are saying "contact an attorney." We know this part but we're trying to find out NOW what rights he has and if she has the legal right to take the child out of state without telling him. She was homeless and no job with 4 kids (only one is his). I've had people answer legal questions too before by citing statutes, etc. If you can (if there are different people on here now than before), could you please help? Not that I don't appreciate answers from before because I do.
2006-08-22 12:30:15 · 6 answers · asked by butterfliesRfree 7 in Politics & Government ➔ Law & Ethics
She can Not leave the state without his father knowing this and approving of it!! Me and my wife live in Florida and when we moved across the state we had to let the court know we were doing this. Why? Because it takes away visitation from the father and the court has to adjust any child support and the visitation rights of the father. We were told by the judge that we can`t even take them out of state on vacation without the father knowing this. If we want to move out of state then we have to go in front of the judge and prove that it`s for the benefit of the kids and us to move. Also we were told that if we moved WITHOUT telling the court or the father who by the way is the NON custodial parent that it is kidnapping and would be considered a federal offense by taking them over the state line!!! So in his case he can call the police and have the child/children brought back to Florida and she can be prosecuted by the law for taking a child over the state lines. Now if she is still in the same state not too much he can do about that but take her to court for breaking visitation rights.. Trust me been there done this for the last 4 years!!! Now if this has not been in front of a judge and custody has not been established then he can go get the children and bring them back to Florida and theres nothing she can do because he has a much legal right to them as she does.. My brother went threw this here in Florida and they had not been to court here or anywhere else so he was told to do what he wanted. So he went to North Carolina and got his son brought him back and filed a missing person on the mother. They gave her 30 days to respond and if she didn`t or they couldn`t find her the state of Florida gave my brother full custody of his son.. Good Luck and if I can help in anyway let me know!!!
2006-08-22 12:45:31 · answer #1 · answered by bren_jim 5 · 0⤊ 0⤋
Was this "father" the legal father, either through declaration of paternity, marriage, or through a DNA paternity test? If he isn't the legal father, he has no rights to the child.
If he is the legal father, was there a child custody order in place giving the father joint custody or visitation rights? If so, the papers from the last court order concerning the child custody and visitation need to be read to see if they say anything about the child being moved out of state. Often the orders will state that the custodial parent needs to notify the non-custodial parent in advance of the move so that the NCP has an opportunity to voice their opinion of the move. Many times the judge will deny approval for the move because moving the child away from the NCP is not in the best interest of the child. If the custody papers say anything like this, contempt of court charges need to be filed against the mother for moving the child out of the area.
Of course, if you don't know where the child is, it will be more complicated to get the child back.
good luck.
2006-08-22 15:36:13 · answer #2 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
impressive how some states save attempting to bypass above the U.S. superb courtroom. It has long been desperate that youngsters of Jehovah's Witnesses do no longer could salute the flag or say the Pledge of Allegiance. besides, patriotism can't be legislated. Acts carried out without concept, heart, or expertise are meaningless. and how many babies in school fairly pay interest to or get into the spirit of perfunctory devotion? The allegiance of Christians is to the Lord Jesus Christ as King of God's Kingdom government. yet we appreciate the suited of others to pledge allegiance to whom or to what they're going to. We purely ask for an identical appreciate.
2016-11-05 10:09:07 · answer #3 · answered by lurette 4 · 0⤊ 0⤋
In my state the parent must inform the other parent if the child is to be taken more than 100 miles from the child's primary residence
2006-08-22 12:37:14 · answer #4 · answered by ? 7 · 0⤊ 0⤋
IT all sepends if she has legal custody or if there is even a custody order in place and what the order says if there is no custody order in place she can do as she pleases But if there is not a order in place he needs to get one in place and if she is homeless and jobless he needs to try and get custody or the child
2006-08-22 12:38:03 · answer #5 · answered by Shannon T 2 · 0⤊ 0⤋
Legally she can not, It really depends on if she has full custody, if she does then yes she can but if they have joint then no she can't, he can get her for kidnapping
2006-08-22 12:38:06 · answer #6 · answered by Rondi 4 · 0⤊ 0⤋