if my fiance of 4 years and i have a daughter and life together as we have the entire childs life, can she legaly leave the state and take the child with her, do i have any rights as a father, my family and i are the only people the child has ever known, i would hate to see her taken away from the people that love her so much just because of her mothers selfishness.
2007-05-15 09:25:34 · 8 answers · asked by homegrownbuddy 1 in Family & Relationships ➔ Marriage & Divorce
Every states laws on this are different. You need to check the statues of your state to see what legal rights that you have. If she went through the proper channels, there may be nothing that you can do. But I would highly suggest speaking with an Attorney. If you cannot afford one, check with your local legal aid dept (you can locate their # in the blue pages of the local directory). They can assist you on your rights as a father.
2007-05-15 09:34:36 · answer #1 · answered by syns_pleasure 3 · 0⤊ 0⤋
You absolutely have a right to raise your child. As much as she does. She will be required to give you legal notice in writing before she moves as long as paternity has been established. Once you receive that notice you need to respond in writing that you object to the relocation. The court will stop the whole thing in it's tracks.
You need to talk with an attorney about this today. The law will protect you on this one. In the parenting plan that will come out of this, do not accept anything less than an almost equal split on time with your child.
You fiance can move anywhere she wants. Your child will remain in the state and proably the town that you live in now.
Find a good attorney that is very familiar with the county court. Look locally for an attorney that see's the judges every day. Interview several of them. The first hour is usually free....
Listen to their advice and follow it to the letter. If you and your fiance can work this out together it will be much cheaper. If it goes to court, be prepared to spend some serious money.
2007-05-15 17:01:38 · answer #2 · answered by flyfish_777 4 · 0⤊ 0⤋
Not sure if this is a permanant move or what. Since youre not married, I doubt if theres much legally you could do to stop her. Now if you were going after custody and she took off to avoid the hearing then youd hve a foot to stand on. Your feelings are no reason for the law to stop her according to the courts. Time is probably running out for you to do something anyway so youll just have to be patient and see what happens when she cant make it. If she gets into a bind out there, the authorities could pick her up and turn the child over to social services as shes endangering the childs life, but if they have no idea of you, they cant return the child to you. Having a child out of wedlock sometimes can really open a can of worms like this and unfortunately theres not much you can do. Good luck
2007-05-15 16:37:43 · answer #3 · answered by Arthur W 7 · 0⤊ 1⤋
Engaged isn't a relationship courts recognize. So, she's a single mother of a child. She IS free to move anywhere she wishes, and of course her child lives wherever she lives. So, what can you do? First, you CAN have a paternity test to prove you ARE the father. Then, you'll have child support and visitation issues settled by the courts. But, no court is going to tell a single mother that she can't move anywhere she wishes. This situation IS your fault- Why didn't you ever marry woman you refer to as fiance? Did you expect to die of old age- still engaged??? Buddy, you two played house. She apparently got tired of playing, and wants to move. No court will prevent that. You snoozed rather than get married, and now that option is probably gone. You were comfortable, and expected that situation to last indefinitely- but you were wrong. Now, the courts will handle things, or you can just accept that your child will live where your ex fiance lives.
2007-05-15 16:51:46 · answer #4 · answered by Anonymous · 0⤊ 1⤋
You should get an attorney and have a custody agreement written up and in there state that neither parent can leave the state with the child. Its fairly common and is a releif knowing that it is an agreement through the courts. this way, if she does leave, its kidnapping. good luck!!!
2007-05-15 16:33:42 · answer #5 · answered by T19 4 · 1⤊ 0⤋
She can not LEAVE STATE WITHOUT YOUR CONSENT!
All you have to do is inform her that the child is not leaving the state and you informed the proper authority's of your action!
2007-05-15 16:36:35 · answer #6 · answered by Free-Lance 5 · 0⤊ 0⤋
What you need to do is establish legal custody of the child (this applies to the both of you).
2007-05-15 16:34:21 · answer #7 · answered by juicie813 5 · 1⤊ 0⤋
If she's your daughter, then you have rights.
What the mother did is called kidnapping. Call the cops or something.
2007-05-15 16:30:18 · answer #8 · answered by Anonymous · 0⤊ 0⤋