A friend of mine is having a spat with his babies mother. She up and left the state without telling him. Than called him after the baby was born to tell him she had moved across country. Is that leagl? Does he have any rights in the matter?
2006-12-07 08:43:09 · 17 answers · asked by gadsen76 2 in Family & Relationships ➔ Marriage & Divorce
Sorry about the spelling. No I am a grown man with my own family. This is about a friend of mine. His babies mothers took off without saying anything. He was totally into being a dad. He has since gone out to where she lives and came back because of tension between them.
I realise that a woman is not a slave to a man if she is caring his child. However I thought that there we're laws against that. He wants to be involved she is making it difficult.
2006-12-07 09:07:43 · update #1
he does have a right as a father, for it falls under parental abduction, but enforcing it is another matter
2006-12-07 08:45:22 · answer #1 · answered by Anonymous · 13⤊ 1⤋
First, she hasn't done anything that'll throw her in jail. The only thing that can be problematic is the fact that the father of the child has his rights in all states. If he sues, then things can get ugly.
So, she needs to head this off. If he does not agree with her moving away, she should talk to a lawyer right away especially if she does not want that to happen. If he doesn't give a **** about the baby, then all is well for the time being.
If he is causing hell already, and she does not want him around, she'll have to file for custody (i.e. she doesn't get custody of the baby just by virtue of having birthed it). In short: the father has rights. And she should see a lawyer who can best advise her of the best choices.
And no, she is not going to jail :-).
2006-12-07 09:00:00 · answer #2 · answered by greasemonkey 1 · 0⤊ 0⤋
There's no law that prevents her from leaving the state pre-birth. Women aren't slaves to the man who impregnated them.
However, her certainly has rights. But if he wants to exercise those rights, he'll also find himself paying child support. By her moving out of the state, it probably complicates her demanding support (although probably not impossible).
He should write her a letter, saving a copy, detailing his desires in the situation. If it ever goes in front of a judge, he can say, "I tried to do the right thing, but she wasn't interested."
2006-12-07 08:46:40 · answer #3 · answered by jplrvflyer 5 · 0⤊ 0⤋
Depending on the state, he may have rights to sue for custody of the child if he wants.
She should not be able to get child support through the court if he can prove she abandoned him with the child.
I am not sure which way you are looking to get this answer so I hope I could help.
2006-12-07 09:06:43 · answer #4 · answered by khanofali 5 · 0⤊ 0⤋
Yes he has rights. He needs to get an attorney. Although she will probably not get into any trouble. All she has to do is claim that she did not know who the father was. But an attorney or The Attorney General of the Sate can start the process to getting him united with his child.
2006-12-07 08:48:22 · answer #5 · answered by brandi from texas 4 · 0⤊ 0⤋
He'd better be careful because one he establishes his legal rights SHE can SUE him for child support. Is he interested in paying child support until the kid is 18? If so, then he needs a paternity test. If not then let it go.
2006-12-07 08:52:15 · answer #6 · answered by purplemonkeydiswasher_2000 1 · 0⤊ 0⤋
YES! yes he does but he needs to log onto that states AGO's website and read, when in doubt he needs to get a lawyer from the same area.
2006-12-07 08:47:28 · answer #7 · answered by thetaggeorge 1 · 0⤊ 0⤋
are they married? if not then she can move anywhere she pleases. she has to offer him visits but he has to find his own way there.. it's tough for a man when this happens because the courts always look towards the woman's side
2006-12-07 08:46:00 · answer #8 · answered by lilteacher18848 2 · 0⤊ 0⤋
I don't think it is illegal for her to do that, as long as there was no court order specifying otherwise. Your friend should call an expert on Family Law.
2006-12-07 08:46:57 · answer #9 · answered by Cali Girl 2 · 1⤊ 0⤋
Not illegal. Your friend should move to the town she moved to and be a part of the childs life.
2006-12-07 08:46:13 · answer #10 · answered by curious george 2 · 0⤊ 0⤋
there is no law she can what she wants.. But if he feels she is not being the best parent this child deserves then he can file for custody. or at least partial custody. she can not keep him from seeing his child. but best if you spoke to a lawyer..
2006-12-07 09:23:28 · answer #11 · answered by bluedanube69 5 · 0⤊ 0⤋