Here's the deal: I've lived with my daughter's father (she's 18 mo) for about 4 years now. We recently broke up, but he says I'm not allowed to move out w/o his permission or it will be kidnapping. I want to to move in with my brother by my daughter's father says that's out of the question. He says I can't move out until I get a place of my own- that's nearly impossible since I take care of my daughter 99% and earn a very modest income from home. I have no idea what to do any advice or personal experience in the matter would be very helpful.
2007-03-17 15:44:12 · 10 answers · asked by Zenbaby 1 in Politics & Government ➔ Law & Ethics
Call legal aide in your state. Ask for a referral to a lawyer specializing in divorce and/or child custody laws for your area. Most of the lawyers involved with legal aid will do a low-cost / no-cost consultations, and most can represent you with at a reduced fee if you choose to persue the matter in court.
2007-03-17 15:51:48 · answer #1 · answered by kc_warpaint 5 · 0⤊ 0⤋
No and yes. You can move out of the house but you still should find a lawyer as soon as possible. What he says is emotional black male but may be partially true. If you are moving to another state or province you will probably have to ask his permission(need written and witness consent) or plead your case to court. As a fellow independent mother I felt it important to tell you. The silver lining is though, depending on the state you may be able to sue for child support from the day your child was born, even if you were together.
Fact is what I have learned as a mother is that their are more laws favouring father bullblank-ism then their is for children but custody usually rests in the hands of the mother.
So you can move out of the home but not the state/province.
Hope this helps.
2007-03-20 12:16:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It is not illegal for you to move out. Depending on the laws in your state you can live wherever you want as long as it does not risk the health and safety of your baby. You could not move across state lines without the consent of your baby's father. But, besides that you can go wherever the heck you want.
The father can request partial or full custody through the courts. However you can recieve temporary full custody of the child by filing a "parenting plan" with the courts. You can also request child support for your child as well.
Be aware, however, the father can do the same things as well. It is best to find some sort of amicable way to divide custody to best serve the needs of your child.
2007-03-17 15:48:02 · answer #3 · answered by Misty B 4 · 0⤊ 0⤋
Move out when he is not at home and take your daughter with you. He is a manipulative punk that is using your daughter as blackmail. If you are not legally married, the child is yours to do with as you please, unless he is paying child support that has been ordered by the court. It is also not true that you have to have a place of your own before you can move out. Just get out of there and worry about the reprecussions later. He's a jerk and you are better off without him.
2007-03-17 15:56:11 · answer #4 · answered by ? 7 · 0⤊ 0⤋
Depends on the state you live in. In SC, if you are not married, the mother has sole custody, that's how I got the heck out of there legally with my girl.
Sounds like he is playing mind games with you and you really need to contact social services or some agency in the state where you live to get the facts. Sounds like he is making things up to control you!
2007-03-17 15:48:44 · answer #5 · answered by crct2004 6 · 0⤊ 0⤋
Unless you two are married, he has no rights concerning the child at all. If he wants custody or shared custody, he must go to court, declare himself the father, make arrangements for child support payment.
You, as the childs mother can go anyplace you want with the child. An unwed mother has SOLE custody until or unless the father goes to court and has it changed.
Tell him to go jump off a cliff - then move.
2007-03-17 17:25:12 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Talk to a lawyer, every state has different laws. But, generally speaking, you are on the birth certificate, and if there is no court order saying you have to stay, you can take your child to Japan tomorrow and he can't say jack about it. By the same token, if he is on the birth certificate, he can do the same. So talk to a lawyer immediately, it looks as though he is going to be a problem.
2007-03-17 15:49:43 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Of course you can move out. The sooner the better too, I'd say. He sounds like a controlling person.
Just make sure the person you are moving in with is a good person and the house is in good, clean condition.
2007-03-17 15:56:02 · answer #8 · answered by DeborahDel 6 · 0⤊ 0⤋
You can move in with whoever you want. As long as he knows your location and you arent keeping him from seeing his child, theres nothing he can do about it. It certainly isnt kidnapping. If you want to leave, you can. Please dont let him threaten you. Do whats best for yourself and your child.
2007-03-17 15:49:45 · answer #9 · answered by Anonymous · 0⤊ 0⤋
no you can't be charged with kidnapping, he is lying and trying to control you. This is a form of verbal abuse
2007-03-17 16:20:04 · answer #10 · answered by Anonymous · 1⤊ 0⤋