Should I call the police if my girlfriend is going to move the kids to another state? How? 26 Answers as of April 30, 2015

My girlfriend is saying that she is going to move to Texas to live with her family and that she’s taking our 3 kids with her and she isn't talking to me anymore. She can’t do that because I’m the father and I love my kids and I have been a good father their whole lives. I told her she just can’t take them like that just because she is saying we broke up and she wants to move to her sister. Should I just call the police and they will stop her?

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S. Joseph Schramm | Joseph Schramm
What you probably should do is to retain an attorney to file a petition for custody or visitation rights and, pending a decision by the court, to issue an injunction ordering her not to leave the state with the children. I would recommend an attorney who is adept at handling custody petitions like this on short notice from the parent.
Answer Applies to: Pennsylvania
Replied: 4/28/2015
The Palme Law Firm, P.A. | Steve Palme
No. The police can't do anything because there is no (I'm assuming) custody order. If there is no custody order, then she's got just as much right as you do to go anywhere with the kids. You need to file a custody complaint and sue her for custody before she leaves the state (preferably). If she tries to leave the state with the kids after you have started the custody action, then you can pursue an emergency custody order to prevent her from fleeing the jurisdiction of the Court in NC.
Answer Applies to: North Carolina
Replied: 4/28/2015
John Russo | John Russo
What are the police going to do? This is a civil domestic matter, you need a good family law attorney and need to get into court ASAP!
Answer Applies to: Rhode Island
Replied: 4/27/2015
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
You need to file a legal action immediately to prevent her from moving. If you have already been established as the biological father, then you should be able to stop her relatively easily. If you have not already been established as the biological father, then you need to do that first. You need to consult with an attorney immediately. In the meantime, detailed answers (under Florida Law) to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other.
Answer Applies to: Florida
Replied: 4/27/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
The police will not stop her from moving. If your goal is to keep her from taking your children to Texas, you will have to petition a Court for that relief(custody petition); most likely the Family Court in your County. Are you on the children's birth certificates? If not, you will have to have an Order declaring you to be the father(you will need copies of the birth certificates). You may need copies of the birth certificates to file the custody petition. I would assume that there is no support Order as the two of you are currently residing together; but those issues may come into play also.
Answer Applies to: New York
Replied: 4/27/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    The police have nothing to do with this. You need to establish your legal paternity since you are not married to the mother. Once you do this, you can file an objection to her relocation. Otherwise, even though you are biologically their father, you have no right to the children, until you have been made the legal father.
    Answer Applies to: Washington
    Replied: 4/30/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Yes, and cite Penal Code Section 278.5, if you can show malice: > > (a) Every person who takes, entices away, keeps, withholds, or conceals a > child and maliciously deprives a lawful custodian of a right to custody, > or a person of a right to visitation, shall be punished by imprisonment in > a county jail not exceeding one year, a fine not exceeding one thousand > dollars ($1,000), or both that fine and imprisonment, or by imprisonment > pursuant to subdivision (h) of Section 1170 for 16 months, or two or three > years, a fine not exceeding ten thousand dollars ($10,000), or both that > fine and imprisonment. > (b) Nothing contained in this section limits the court's contempt power. > (c) A custody order obtained after the taking, enticing away, keeping, > withholding, or concealing of a child does not constitute a defense to a > crime charged under this section.
    Answer Applies to: California
    Replied: 4/30/2015
    Attorney at Law | Aimee C. Robbins
    YOU NEED TO ACT IMMEDIATELY AND FILE FOR CUSTODY AND AN EMERGENCY HEARING WITH THE COURT. THE COURT WILL MOST LIKELY ORDER HER TO STAY AND MAY GRANT YOU CUSTODY OF YOUR CHILDREN.
    Answer Applies to: Maryland
    Replied: 4/27/2015
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    No you will need to file a Petition ASAP and have her served with it.
    Answer Applies to: Georgia
    Replied: 4/27/2015
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    The police will not stop her. They will say it is a civil matter. You need to file for a court order ASAP. You really need to speak with an experienced attorney about your options and how to proceed. Best wishes.
    Answer Applies to: Nebraska
    Replied: 4/27/2015
    Diane l. Berger | Diane L. Berger
    The police will not stop her. You need to file a court action to have the court determine that you are the biological father and then ask for custody of your children.
    Answer Applies to: Nebraska
    Replied: 4/24/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The police are not delighted to step into conflicts between parents that are generally resolved in the courts. If a parent wants to move a marital child out of the state, or more than 150 miles away from the other parent, they must follow the statute requiring formal notice, sent by certified mail, and give you at least a short time to object. Consult an experienced family lawyer. He or she may be able to get into court promptly with a motion to restrain the girlfriend from taking the children out of state.
    Answer Applies to: Wisconsin
    Replied: 4/24/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Immediately seek emergency protective orders to prevent the children from being moved out of their home state. Please meet with experienced family law attorney to explore your urgent legal options.
    Answer Applies to: California
    Replied: 4/24/2015
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Absent a court order, the police won't do anything. You need to contact an attorney to help you get emergency orders and prevent her from leaving with the children.
    Answer Applies to: California
    Replied: 4/24/2015
    Law Office of Robert E McCall | Robert McCall
    Unless a court case is filed you have no rights /interest in the children. A statute allows her to move but the children must stay in Florida- BUT there must be a court case. See an attorney immediately.
    Answer Applies to: Florida
    Replied: 4/24/2015
    The Fighter Law Firm, P.A. | Thomas Feiter
    You should call us to get in touch with a family law attorney.
    Answer Applies to: Florida
    Replied: 4/24/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    The police cannot prevent it unless she is violating a court order. ?You need to go to court, get an order preventing the move away. ?Consult with a family law attorney immediately.
    Answer Applies to: California
    Replied: 4/24/2015
    Law Office of Sarina Gianna, LLC
    Law Office of Sarina Gianna, LLC | Sarina Gianna
    Unless you have a court order that says she can't leave, the police probably won't help you. You need to file an application with the Court to address her move. I would not wait until she leaves as it can be very difficult to deal with these situations once the kids are out of state. Sounds like you need a consultation to get your questions answered and figure out how to proceed.
    Answer Applies to: New Jersey
    Replied: 4/24/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    The police can't do anything for you. You need to file a custody petition in Family Court.
    Answer Applies to: New York
    Replied: 4/24/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    The police may stop her if you were married when the kids were born or have a court order establishing your paternity. They may not if you don't have that so you should file in family court to establish paternity immediately and ask for an emergency hearing preventing her from leaving the state with the kids. Once the kids move it is much harder to get them back here, so act now while the kids are still in the state.
    Answer Applies to: Arizona
    Replied: 4/24/2015
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    Unless you have a court order dont bother. It would be best to retain counsel to file the appropriate motion.
    Answer Applies to: Nevada
    Replied: 4/24/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The police will not stop her from moving. If you are not married to the mother and there?s no court order in effect regarding custody or parenting time for you, then you have no rights to the children. You need to immediately retain an attorney to file a legitimation action so you can get rights to the children and court-ordered parenting time.
    Answer Applies to: Georgia
    Replied: 4/24/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You need to hire an attorney and get a court order, without that she and the children are free to go.
    Answer Applies to: Michigan
    Replied: 4/24/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Do you have a court order? Are you adjudicated the father? If you do have an order, you can file a motion that the children cannot be removed from the state. If you are on the birth certificate, you can file a motion to confirm paternity and set custody/placement terms. If you don't have either, she can move where ever she wants. If there is no court order, she legally has sole custody and placement. You need to file a motion to establish paternity IMMEDIATELY.
    Answer Applies to: Wisconsin
    Replied: 4/24/2015
    Ezim Law Firm | Dean Esposito
    The police cannot stop her from moving. You should file a petition for custody immediately.
    Answer Applies to: Louisiana
    Replied: 4/24/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    My suggestion is that you retain an attorney to file a custody and/or paternity action and obtain an emergency Order from the Court to keep the children within the Court?s jurisdiction until the matter is completed.
    Answer Applies to: Florida
    Replied: 4/24/2015
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