I am thinking of moving to Florida from Pennsylvania and want to know what legal obstacles I have to go through, if any, reguarding my 5 year old son. His father is in the Marines and pays child support, etc. but there is no custody agreement. He has been a part of our lives on and off for the past year but we have no future together and there's no knowing what he would try to do to get back at me since I do not want to be with him. The idea of me being charged with kidnapping had come to my attn. by a friend and I had never thought of that before now. Is there anything I need to do make sure I am doing everything legally in this matter?
2007-10-14 14:55:09 · 7 answers · asked by Just Me 7 in Politics & Government ➔ Law & Ethics
There is currently no custody agreement. Child support and custody are 2 totally different things in PA so no one technically has "custody" of our son. He is a PA resident, but has been either overseas or in other states since 2005. He is in North Carolina right now so I am not sure how to get something notarized stating he knows we are moving?
2007-10-14 15:09:00 · update #1
To make something clear: I have NOT talked to an attorney, this is something I just thought about and it is 10:30pm. Calling an attorney isn't exactly possible right now. In the morning yes, but until then I was looking for some advice.
2007-10-14 15:33:49 · update #2
Since the Court has no issued an order regarding custody, you will not face kidnapping charges. HOWEVER, if the father resides in PA and you move to Florida, he can petition the Court for custodial rights, visitation rights, and possibly a reduction in child support to help offset the costs of his visits to Florida. If I were you, I would bring a motion to determine custodial rights with the Court. Dont be an idiot about it. Dont put the kid in the middle of a battle. That's not good for him. Try to agree with his father on reasonable visitation/custody rights.
Remember. ALWAYS DO WHAT'S IN THE KID'S BEST INTEREST. The reason for going to court here is to have the rights on record. Not to start a battle!
Good luck.
EDIT FOR ASKER
A notarized statement has no legal effect when it comes to child support and/or custody. Not even a Court order from another judge or state is immune from Court review. The Uniform Child Protection Act gives any judge in any state of residence of the child the right to modify any order regarding support or custody, although the Court in the new state will give weight to the previous rulings. That is why you want a Court ruling on the issues. This protects EVERYBODY, including you.
2007-10-14 15:05:28 · answer #1 · answered by Toodeemo 7 · 1⤊ 0⤋
One of the biggest things that I can recommend is trying to find a way to work this out with him, or you will probably have to take it to court and there is a slight chance that with that the court may or may not come down on the side of joint custody. However leaving state is never an easy process. More than anything though it is hard to say what will happen, but you can move, I am guessing that you have at this time custody of the kids.
You can go and talk to an attorney and they can fill you in a little more on the legalities. If the two of you were never married or anything like that then there is a good chace that there will not be a great deal of hurdles to get over before making the move.
2007-10-14 15:01:55 · answer #2 · answered by Adam 2 · 0⤊ 0⤋
I would suggest doing it the right way and getting an order from a judge permitting you to leave the state. If your child's father is a legal resident of Pa,that is where you should do it. He can hire a lawyer to represent him if he can't come back to attend court himself.
My best friend lost custody of both her children when she fled from Kansas to Pa to escape an abusive situation. It was used against her that she left the state without the fathers permission. He is in the military also.
Being that he is not living in Pa at this time should give you an advantage in being able to move.
Strange things happen in these type of cases,it is better to do it right so there are no problems down the road.
2007-10-14 17:58:02 · answer #3 · answered by Jan 7 · 1⤊ 0⤋
That is nuts! I am from the states and my boyfriend wants me to move to Guatemala to be with his daughter. My families reation was not well taken. THey were very upset and told me I was nuts. I visited his family last month there and I am glad that I did. They live a totally different life and the things I was accustomed to such as privacy and having a career were completely unheard of there. They fight to have a job. I can understand about the opportunities for you for work, but is that what you want? I watched his 16 yr old sister being ripped from his mom's arms because she had a finally received a visa. She didn't want to come here but everyone insisted as the opportunities were better for her. She says she hates it here because everything is so fast paced, but we also live in Chicago so maybe in a non-city things could be different. Perhaps you chould counter his offer and say that you are so comfortable with your laid back style of living that he should go there to live a slower paced life just to see his reaction. America focus' on careers where i noticed other countries focus on family. Are you The best answer is to ask your mom she has all the answers. But i won't be moving after all, I want to be some one and have a career, there I won't be my self and I will be sacrificing my happiness.
2016-05-22 14:38:14 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Someone DOES legally have custody. You need to consult a PA family law attorney.
I just noticed you said you already talked to an attorney. WHY would you possibly believe a bunch of strangers on YA that are perfectly capable of LYING about our qualifications would be a BETTER source than your attorney?
2007-10-14 15:29:44 · answer #5 · answered by STEVEN F 7 · 1⤊ 0⤋
I moved to TX from CA with my son BUT I got a notarized statement from his father saying that he knows I am moving States and is ok with it. I wouldn't cross State lines without it as my neice got her 2 children taken away from her and given to the Father soley for crossing States without permission - it is kidnapping (or could be considered that in court). Be honest, tell the dad where you are going, involve him and get a notarized letter from him...just incase.
2007-10-14 15:02:25 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If no court has made a judgement ristricting your or your childs movement you can move. If the childs father is not a resident of Penn. he cannot require you to stay there.
2007-10-14 15:04:04 · answer #7 · answered by nathan f 6 · 0⤊ 0⤋