Can a parent take a kid to live out of state without the other parent's consent? 1 Answers as of August 27, 2012My son's wife took their son without his knowledge and went back to NY (from Mississippi) to live 5 days ago. She wants a divorce. His mother-in-law just texted him he now owes 17% for child support beginning next week. He has received no notification of anything . Does she become a custodial parent eligible for child support by just leaving Missouri? Doesn't he still have the same legal right to his son as she does? His son is one year old, was born in NY before they married, lived in Missouri together for 5 months. We are all trying to find a lawyer but do have much money.
Wisselman, Harounian & Associates, P.C. | Eyal Talassazan
A parent may not simply pick with the parties' child and move out of state without either consent of the other parent or court permission. I suggest that your son immediately file a habeas corpus petition and a custody petition in your local family court to have her brought back to the state. If your son waits more than six months, the home state of the child becomes the state where she moved, so time is ticking and he needs to act fast. Also, she has no right to impose a support demand upon him without a court order or consent.
Answer Applies to: New York