The situation is that my childs father and I are still together but I've been looking to get away for a while now. I just got the opportunity to go live with my grandma and take care of her (other wise she is going to have to go live in an assisted living), but she lives in another state. I've heard that if you cross state lines, and the split isn't mutual with who is to have custody of the child-then the father will almost sure get custody. Anyone know for sure how that works?
2006-09-05 06:34:37 · 15 answers · asked by jolynn_2003 2 in Family & Relationships ➔ Marriage & Divorce
We are not legally married but we are considered commonlaw husband and wife- and he is listed on the birth certificate.
2006-09-05 06:39:49 · update #1
I don't know, but I would hope that you would do whatever is best for the kid, and whenever it is possible have a split custody arrangement
2006-09-05 06:56:07 · answer #1 · answered by Sunny And '74 4 · 0⤊ 0⤋
Only if the split is non-amicable and he hires an attorney and files complaints, etc., before you file for divorce and custody right. Protect the well being of your child, don't do this the wrong way because its not the child's fault you want to leave or break up with the father. Custody and visitation with any parent should not be such an issue that the child will rebell later in life against the parent that made it difficult for him/her as a youngster. Unless of course they don't have a good relationship now.
2006-09-05 14:16:53 · answer #2 · answered by ? 6 · 0⤊ 0⤋
That is not true! My dad is a lawyer and deals with family practice it would help if you gave the state that you lived in then left too! But posses ion is 9 tenths of the law which means unless he has a court order saying other wise you do not have to let him see or have the child. Same would go for him if he ran off with the child he wouldn't have to let you see the kid either until you went and got a court order! As for who would get the child most likely unless he can prove u to b unfit u would be the primary caregiver but yes you would have to work out an agreement so that he can have the child on weekends or however suits both of your schedules! Get a lawyer before he does.
2006-09-05 13:45:26 · answer #3 · answered by Ash 3 · 0⤊ 0⤋
I'm not for sure how it really works but he can get full custody only if he can prove that he is a better parent he cant get full custody just because you moved to another state but always remember as long as he is the father and only if he wants to he can get portal custody you know he will get them for 6 months and then you get them for 6 months also if you and him are mature enough you guys can work things out between yourself and not bring the court in the middle good luck
2006-09-05 13:47:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Before you do anything go to court to be declared the parent with custodial rights. Or, tell your child's father you are going out of town for a while to take care of your grandma then get him to sign something acknowledging that he knows you are taking the child out of state. Then when you get to your new state file for custody. It skates on the edge of legal but is better than being called a kidnapper.
2006-09-05 13:39:25 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I dont think that he will automatically be given custody because you leave the state. He will however have rights to visitations and you may be responsible for the transportation since you left the state you both lived in together. The laws are different in each state so I would look into your state laws or contact a lawyer, you may end up needing one anyway
2006-09-05 13:43:13 · answer #6 · answered by mommylee 2 · 0⤊ 0⤋
Where you ever married? those choices would have been made in the divorce decree. If you were never married is he listed on the child's birth certificate? If not you can do as you please. Are there any custody arrangements? If not let him know you are moving and give him the address. If there are arrangements you just need to petition the court....99% of the time they will let you move. Good luck! I did move out of state and told my ex I was going to, he didn't fight it.
2006-09-05 13:38:02 · answer #7 · answered by silver 4 · 0⤊ 0⤋
I have only heard that in a divorce where both parents have soem ofrm of custody the child could not be taken out of the state. I would, however, call a lwyer that does free consultations and get the law for your state.
2006-09-05 13:36:47 · answer #8 · answered by Tia Dalma 2 · 0⤊ 0⤋
It depends on what the court prescribes as visitation..
A. Each case is individual. Generally if there is no reason why parents can't hold joint custody then yes, the court would disallow..
2006-09-05 14:13:29 · answer #9 · answered by Anonymous · 0⤊ 0⤋
The court always favors the mother in a custody hearing. If you are not married, he has no rights at all.
2006-09-05 13:38:16 · answer #10 · answered by Anonymous · 0⤊ 0⤋