Can my baby’s mom take her to live to another state without my permission and what do I do so she won’t take her? 5 Answers as of August 17, 2016

She wants to move to another state with my baby.

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
You need to file a child custody case IMMEDIATELY and have her served. Failure to do so is equivalent to letting her go because once she is gone with the child it is much harder and much more expensive to get the child back.
Answer Applies to: California
Replied: 8/17/2016
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
Have you been adjudicated the father and do you have a judgment of paternity? If yes, then no she can't but you should file an objection to her moving. If she won't take her, you keep the baby and file a motion for custody, placement and child support. If you have not been adjudicated the father, she can move the baby anywhere she wants. You need to file a paternity action if you want to stop her from moving.
Answer Applies to: Wisconsin
Replied: 8/17/2016
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
You would need to have a petition for custody filed and served before the child leaves the State. If there is already a court case pending, the court orders and posture of the case would need to be reviewed to see of any restraining order or automatic restraining order preventing the move is in effect. In any event, you can go to court to ask for a court order that the child not be removed from the state pending a custody/visitation order by the court. The the child leaves the state, you can ask the court that the child return to California and that you have a parenting plan be established.
Answer Applies to: California
Replied: 8/17/2016
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You should immediately file and serve a paternity action to establish that you are the biological parent along with an ex parte request for order that the child remain in your jurisdiction. This is a complicated area of law. Please meet with an experienced family law attorney to assess your options.
Answer Applies to: California
Replied: 8/17/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If you live in Wisconsin, and both parents have some placement time with the child, she must give you notice and an opportunity to object. If this is a non-marital child, lawyers' opinions vary as to whether she must give you the regular 60-days advance notice (by certified mail, telling you you have 15 days to object, or whether 2 weeks notice is enough. You could reopen the paternity case and ask for an order prohibiting her from moving the child out-of-state without a hearing (and you would probably want to move for primary physical placement). Consult an experienced family lawyer: it's almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 8/17/2016
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