Can a mother take the child out of state without asking the father? 28 Answers as of September 05, 2012

My Fiancé has another daughter with someone else and the women ended up leaving at the beginning of the pregnancy and never told him that his daughter was born until a month after the baby was born so my fiancé isn't on birth certificate. My fiancé is paying child support. I just seen that she is thinking of moving out of state without telling my fiancé. I was wondering if the mother can do that and is there a way my fiancé can stop from her moving out of state with his daughter cause it would hurt him so bad if he can't see his daughter. it's hard enough the mother never answers his calls so he can see his daughter so pretty much the mother is being selfish and doesn't even think about how her own daughter needs her father in her life.

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The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Yes he can. He should act quickly to prevent the mother from taking the child away. You need a lawyer to sit down with you and give you some advice.
Answer Applies to: New Jersey
Replied: 9/5/2012
Victor Varga | Victor Varga
Unless it says in the court order that the child cannot be moved to another state, then yes, it is fine, however, the father can file for custody/visitation modification and argue that it wouldn't be in the child's best interest for the move to take place.
Answer Applies to: Maryland
Replied: 9/5/2012
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
Your fiance needs to file a petition with the court for court ordered parenting time and to prohibit the mother from leaving the state.
Answer Applies to: Ohio
Replied: 9/5/2012
Ezim Law Firm | Dean Esposito
If he has not done so, he needs to file an action to establish paternity (he is the father) and for custody. Once this is established an judgment rendered, she would have to comply with the child relocation statutes before she could attempt to move the child out of state.
Answer Applies to: Louisiana
Replied: 9/5/2012
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
She cannot move out of state without giving written notice and he can Petition the Court to restrain her from taking them out of state.
Answer Applies to: Georgia
Replied: 9/5/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    He needs to file and serve a paternity petition along with a motion preventing the child's removal from California.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Office of Melvin Franke | Melvin Franke
    If there is no custody order, she can. He must hire an experienced custody/paternity attorney.
    Answer Applies to: Missouri
    Replied: 9/5/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    She can do whatever she wants until he puts a parenting plan in place. He needs to stop screwing around and take action.
    Answer Applies to: Washington
    Replied: 8/31/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Unless or until he has filed an action in court to establish custody and/or parenting time, the mother is deemed the presumptive custodial parent, and may relocate within or outside of the state.
    Answer Applies to: Minnesota
    Replied: 8/31/2012
    Steven Alpers | Steven Alpers
    Your fiance would have to file an action to determine parent child relationship and ask for custody and visitation.
    Answer Applies to: California
    Replied: 8/31/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    The significant question is whether your fiance ever established himself as the legal father and asked the court for a parenting plan. If he is court ordered to pay child support than his next step would be to file a petition for a parenting plan, which he could have done in the process of establishing child support. If he hasn't done that, he has no right to see the child. If he has, or starts that process now, the mother would have an obligation to give him notice of a relocation and he would have the opportunity to object. Regardless of how the court rules, he would get established times to see the child, here or elsewhere. If he doesn't have a parenting plan, she is free to move.
    Answer Applies to: Washington
    Replied: 8/31/2012
    Lombardi Law LLC
    Lombardi Law LLC | SUZANNE LOMBARDI
    In Alaska, it would be advisable to get a custody order so that the mother cannot move out of state with the child. She is not able to move out of state without telling the father if she is intending to hide the child. The best option is to have an attorney help you file custody paperwork and that would stop the mother from moving out of state until the court holds a hearing. While a custody action is before the court neither party can leave Alaska without permission of the court or written permission from the other party.
    Answer Applies to: Alaska
    Replied: 8/31/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes, but visitation will need to be changed.
    Answer Applies to: Arkansas
    Replied: 8/31/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Assuming there is an existing court order re custody of the child in the paternity case, the Washington Relocation of Children Act, RCW 26.09.405 et. seq., allows the father to seek a court order preventing the move until (a) the move is approved by the court and/or (b) a new residential schedule is established with long distance travel provisions. He should not delay in enforcing his rights under the statute.
    Answer Applies to: Washington
    Replied: 8/31/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your posting is missing an important fact, but it appears that there has never been any kind of court order stating what, if any, specific rights the father has with respect to contact with the child or any decision making authority. If that is true, he needs to begin a court proceeding to obtain specific rights and to have the court establish the rules and conditions for any contemplated relocation. Until he has a court order defining each parent's authority, the mother is free to do whatever she chooses because the father has no specified rights.
    Answer Applies to: Colorado
    Replied: 8/31/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Your fiance should immediately file a paternity case and have it served on the mother. The reverse side of the summons in that case contains automatic restraining orders restraining each party from removing the child from the state. Your fiance would best retain an experienced family law attorney to advise and represent him in his paternity case.
    Answer Applies to: California
    Replied: 8/31/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Your fiance needs to contact an attorney in order to bring an action to establish his rights to timesharing with his child. Technically, she is not supposed to move out of state without his consent if his paternity has been established, but until there is a court ordered timesharing arrangement, it is kind-of a "grey area". If she tries to move, he can stop her and/or bring her back, but he must file in order to do so.
    Answer Applies to: Florida
    Replied: 8/31/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Unless there is a custody and vistitation order in place, the mother can move.
    Answer Applies to: Michigan
    Replied: 8/31/2012
    John Russo | John Russo
    Sounds like there are no orders in place as to custody, placement, and visitation. This is common is these types of situations where the parties were never married. The child support issue was most likely handled by the state, e.g. State attorney's represented her on the issue of child support. Here in RI as well as many other states the jurisdiction of state attorney's ends with child support, e.g. They cannot deal with issues of custody, visitation, etc. First thing he needs to do is retain a good family law attorney, not just an attorney, but if he cannot he still needs to file ASAP motions with the court to determine custody, placement and set visitation. Within that motion and as part of any final order of the court he needs to make sure that it states that (the state you live in) "will retain exclusive jurisdiction as to the issues of custody, placement, and visitation".
    Answer Applies to: Rhode Island
    Replied: 8/31/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    He needs to file a complaint to establish paternity, custody, and child support.
    Answer Applies to: Nevada
    Replied: 8/31/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    No. But the father has to file a paternity action if he has not done so. Get an attorney for this quickly.
    Answer Applies to: Florida
    Replied: 8/31/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Yes, the mother can move. If the father has not legitimated the child and there is no court order for visitation, he has no rights to the child. If he has not done so, he should immediately file a petition to legitimate the child (if he is unfamiliar with how to do that himself, he should contact a lawyer).
    Answer Applies to: Georgia
    Replied: 8/31/2012
    Hamblin Law Office | Sally Hamblin
    There needs to be a visitation and/or custody order. He should talk to the Friend of Court in your county. It is good he is paying support.
    Answer Applies to: Michigan
    Replied: 8/31/2012
    Mary W Craig P.C. | Mary W Craig
    Sometimes parents agree between themselves that neither parent will move out of state. But your fiance's ex has a constitutional right to associate with whom she wishes and to live where she wishes. If there is no court order in place about visitation and child support, then she can refuse to let him see his child. He needs to get a lawyer and get legal documents in place before he loses contact with his child.
    Answer Applies to: Alabama
    Replied: 8/31/2012
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    No. The Relocation Act requires notice and a valid reason. The father will be required to file an objection or his rights to stop her will be waived. He should contact a lawyer immediately to file the appropriate contempt motions & objection.
    Answer Applies to: Alabama
    Replied: 8/31/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    What you did not say is whether your fiance ever went to court to get court ordered visitation or shared parenting. If he has some kind of court-ordered relationship beyond child support, he may ask the court to stop the move in the best interest of the child or to modify the visitation or custodial order so that he becomes the custodial and residential parent. Get to a family law attorney quickly to determine your fiance's rights.
    Answer Applies to: Ohio
    Replied: 8/31/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    If there is no custody order in place, the mother can live anywhere she wants with the child. The only way your fiance can stop her is to file a petition to establish a residential schedule prior to her moving and note up a motion to restrain her from moving. If she has already left and has been in her new state for more than 6 months, your fiance will have to go to that state to try to get visitation.
    Answer Applies to: Washington
    Replied: 8/31/2012
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