can my kid be taken out of state?

Question

I split with my 'wife' down in California back in November of 2006.
She had pretty much said i have to take care of our child (a 4 year old girl) because she couldn't provide for her until she got her life together. (she was out partying and sleeping around). On 12/20/06 I moved back up to Montana where I have family and people who can help with the care of my daughter. I've been here 7 months now and my daughter and i are legal residents of Montana and I am working on a suitable parenting plan. Now my 'ex' got a new boyfriend and is living in his place and decided she wants her kid back. So now she said she can send someone up here and take her away from me because i don't have anything in writing from her that said i can take her kid out of state. It wasn't kidnapping! She abandoned her family and left me with no child care and 1/2 the income we needed to live. thats why i moved out of state so my daughter would have a stable life. Can she get away with this or is it against the law?

Answer 1

For one thing you are in the right, you can take her out of state cause she is your daughter too, nothing she can do about it. But since she is the mother she can come and get her like behind your back, like if she is outside playing, but you don't have to hand her over to her mother. And Vise Versa, the best thing to do is go to court and have it settled in court that way you will have everything in writing on who gets her, then no matter what nothing can happen, without going back to court.

Answer 2

I am assuming this is your daughter too correct?
If this is your daughter and you have had her for the last 7 months I would not think she would be able to do this. Its your child. You are not allowed to cross the state line with someone else's kid. But if she is legally your kid then no I dont think she has that right.

I would contact a lawyer and learn my rights before even dealing with her anymore. Of course she will still have rights as a parent too I am sure but, she cannot just take your rights because you are a male. You are just as much the kids parent as she is. I would never try and take my child from their daddy.

I would recommend you talk to a lawyer and understand your rights.

She cannot send "someone" to get your daughter either. That would be illegal. They couldnt take your daughter out of state where she lives if they are not her parent. She is confused for sure.

If your situation is as you have stated then I would think the lawyer would be on your side for staying with the child and taking care of her and doing whats best for the child.

Answer 3

I would be contacting a lawyer, different states have different laws, but many do have laws that cover moving out of state with a minor child. You should have contacted the friend of the court before moving out of state. The final say would not come from her, but from the court system. If there is nothing in a decree that states you could not move it could turn out in your favor. make contact as soon as possible before anything more comes of this situation, many lawyers allow for half hour consultation free of charge.

Answer 4

Hi; You have to get an lawer right away.You have to get custidy of you child before your wife doe,s.Your going to need support from your parrents and show you have an job you can support your children and that they are takin care of and that they wish to stay with you.You have to explain everything to your lawer so he can have a good case in court.I know it,s alot of agrivation But it,s the only way.You have the law on your side and you,le have no problem..Be honest with the Judge.....Good Luck JW

Answer 5

YO WIFE IS A MOTHER***** you should go to court and tell them that she was sleeping around and parting and could not get herself together.tell them u went to montana to be wit fam so that they could help.... u were bein a man about it if the judge says why were you out of state and u were kid napping say i didnt want her to get your daughter hurt by her and there is no such thing of kidd napping your own kidd because she did not go to court for visiting days 4 u to see your daughter or when she can see her daughter plus she dosent have anything that says u couldnt take your daughter out of state.digg up some evadence that proves she was sleeping around like get her old boy friends to testify that she was sleping around and couldnt handle her self.plus let your daughter tell them who was around mostly she will say you and say that mommy was never around dont force her to say it cause then the judge knows you lied and made her say it.she will know when mom was around or not.dont let them take her out of state until you go to COURT! use my info and you will defenitley WIN!!!!!!!by the way im 15 and i sure know alot lol! good luck to you!!!!!!!!!!

Answer 6

First of all i want to Congrat on your beening a good father to your lil girl there not many guys out there doing what you are doing... i dont think your ex wife can take your child from you but to make sure you should go to tghe court to make sure she cant take your child you keep up with the good work beening a father

Answer 7

Get to a good lawyer as soon as you can to get a court order preventing her from taking the child.
Run don't walk.

Answer 8

My first thought is that you should contact a local attorney. Check with your state bar association, to find one. My feeling is that you may have a court fight on your hands, and that's why you need a professional.

Answer 9

I suggest you call up a lawyer, I wouldn't trust anybody except a lawyer to give you false confidence or to worry you for no reason. Divorce is a nasty buisness.

Answer 10

Did you have a custody agreement, or is this all oral between the two of you? You need a lawyer, you need witnesses to your wife's behavior, and you need money.