I am gonna leave my wife can I legally take my son with me in the state of Alabama?
345263
Without any court order, you can take your son anywhere you want.  I have been in the middle of a battle for some time.  I recommend you really evaluate what you want and what is best for your son.  You should consider how he will look back on this situation and on you.\n\nWith a court order a Judge declares the terms of the custody.  Police and social sevices like welfare then act according to the court order.  If there is no order, the police cannot do anything.  You or your ex could take off with your son and the police will not act.  Now, say you take your son and drop the child off at daycare while you are at work.  Your ex can show up and take the child because she is a parent.  This means that if you want to just take your son and withold custody from the mother, you will need to be able to be with the child 24x7 or hide the child so that she cannot find him until you get a court order granting you full custody.\n\nKeep in mind that the courts are very hesitant to keep a child from either parent unless there is compelling proof that the child is in danger.  In most cases, the court will award 80% custody to the mother if the child is young.  I was lucky in that I was able to take my daughter for 50% of the time while this has been going through the courts.  I am awaiting the judges decision, but all indication is that teh judge will not make a change to an agreemnet that the parents have been living by.  If I had fought my ex over the deal, she would have wound up with the 80% custody and I would have been paying out the a** for child support.\n\nIf the woman is a true danger to your child, then by all means do something right away.  But, if you will have a hard time proving in court that she is a danger, you are better off cutting your losses and tryig to handle this in a very accomidating way.
716966
Explain your situation to the Embassy. They will be able to tell you your rights. Is your husband Spanish? That may be the only factor that can work against you if Spain has laws about leaving the country with a minor. Either way get that girl home. Good luck.\n\nThen it should not be a problem getting her home.
529627
call a lawyers office and ask. i think it depends on the laws in your area
1184693
unfortunately, even if you had sole custody of your daughter, you may not be able to leave the state without a court order specifically stating that you have permission to do so...\n\nsad but true
235437
you have to be proven a unfit mother. You working, and whatever will not affect your ability to parent your child full time.\n\nGo to court and share custody with your husband. Split custody is better for the child, and will probably keep you from seeing the inside of a courthouse.\n\nOh, and he cant keep your son from you.  Unless you are a MAJOR criminal (shoplifting and minor crimes do not count) then you have nothing to worry about
593729
check with your lawyer before going. i have family that are divorced and they have to sign forms allowing their kids to leave the state even for a short amount of time...be safe.
104806
Sounds like the only one creating issues here is the ex. She is trying to control your life, if you let her do that now it only unleashes her to have control dangling your son as the means to keep you doing what she wants. That relationship is over. DO NOT GIVE HER ANY CONTROL. She cannot keep your son from you. Hire an attorney and through the courts establish a visitation schedule. If she goes against it she will be in contempt of court and could possibly face jail time. As for your current girl, be completely honest with her about whats going on, be prepared for angry outburst. She loves you and will be angry about the threat that the ex has made. Communicate and come up with a game plan, the attorney, court, visistation etc. If you cannot afford an atty. contact the legal aide services in your area, they will provide you with one sometimes for free but most likely a fee in accordance to your income. Unless the child is endangered under the care of his mother, you should not take custody away from her. A child needs both parents and this traumatic event may scar him for life. Instead keep your cool, no matter what, let the ex be the dramtic physcho, do things according to the law. Pay your child support and follow any guidance the judge imposes and it will serve you well. Again it is important to maintain a calm composure, air out your frustrations with friends. When you have your son for a visitation, keep it positive, loving, and within a secure comfortable surrounding. The important thing here is that you are happy and being a positive role model for your son. So if this girl you want to marry makes you happy, go for it. Do not let the ex know your intentions it is none of her business. When you apply for a joint custody hearing she'll find out through the papers she recieves. I would have as little contact or communication with the ex as possible. You can also set up to have a chaperoned drop off sight when you pick up and drop off your son. If teh ex wants to act this way let her suffer the consequence for behaving like an immature person. For future reference, check the legal age at which your son is allowed to declare which parent he wants to reside with, in my state it is 12 yrs old. If you handle this right your son may feel more comfortable with you than with his mother and when he is of age you can ask him if he'd like to talk to the judge about living with you. One more important word of advise, NEVER badtalk his mother to him. Regardless of how you feel, that is his mother. A child will become confused and be mentally and emotionally damaged when the parents bad mouth each other. If the ex bad mouths you, there is nothing you can do for it, but again be the bigger person. Your son will learn from the experience and determine his own opinion of each of you by the relationship he has with you both. Be strong, you've certainly a rocky road ahead of you, but it will be worth it in the end if you do things this way. Good luck to you.
121866
I think if he has been ordered to pay child support some type of parternity must have been established.  He can go to court and stop you from moving out of state.  I would contact an attorney and talk them about this.  Good luck!
599270
Sorry, but you will not be able to.  There are a variety of reasons, but the most important is your son's safety.  OPerational SECurity (OPSEC) will prevent you from knowing the exact location of your son.  You will have a general location.  Also, he is still in transit.  He will contact you when he gets a chance.\n\nThank you, your son, and your entire family.
46912
I do not know the laws in PA, but here in FL, if you have joint custody, you have to tell the ex where you will be and IF the ex decided he/she does not want you to take the child he/she can take you to court. At that point you can tell the judge why you want to move. As long as it is a valid reason, then he/she SHOULD grant permission. The most valid reason is work related. As for child support, you should NEVER "give it up" as it is not YOURS to give up. That money is for your 15.5 year old. Hope this helps.
373237
every state has different child custody laws. this is what mine are:  i moved from cali to texas when my daughter was 3 months old her father stayed in cali. the order was that i had full physical custody and joint legal custody which means i have her all the time but if anything happened, like god forbid and accident, he would have a say in the matter. now that she is 6 she has to see him at least twice a year for at least a week but that is with me there and we split the cost of airfare. alot can be done and you have a while before you have to worry about that.in my experience i have learned that most family courts are in favor of the mothers and a baby needs his/her mother the first year most. stay strong it will all work out. congratulations!
671688
Demand supervised visitation. You have to follow what the court orders or you could loose your son. Follow your instinct and don't put him in harms way. Document everything so you always have proof.
131488
Check with local probate court if there is such a legality.  If child is a very responsible person, might be okay, unless that child is babysitting babies.  You know your child better than anyone.  How long would parents be out?  Most children that age are too immature to be left alone.
1010344
No, he cannot stop you from moving to another state; however, he can take it to court and have custody changed to him. If you take it to court for permission, the judge could strip you of custody and give custody to the father. Be careful, I almost lost custody of my daughter because I didn't know a father who fathered a child via rape would have parental rights. I was court ordered to live within my rapist's community or give custody of my daughter to him and pay him child support. It took nearly 3 years of court battles costing thousands of dollars to be able to move to a town where I could go to a 4 year college. The area where I was confined had no jobs, and so I applied for subsidized housing which I was refused because that area was/is highly conservative and anti-single parent. I lived in a car for a while because I had no money for housing. \n\nYou have to be careful about this. There are lots of mothers who lose their children because they want to leave the state or town they live in.
504467
do you have an attorney? i do know that in the state of TX you can ask him be given supervised visitation where you can designate someone who has to be there every time he has the child and in some cases you can even say where he has to be during that time i went through something similar with my daughter in the end he gave up all rights to her so it is OK now but there are options you will just need a good attorney to make sure that you are utilizing the system to your advantage
1074011
If you have legal custody then you probably do, provided there isn't a stipulation in the divorce decree saying you may not do so.  \n\nYour ex-spouse may naturally go to court and sue to stop you, though, especially if it represents a significant burden which would interfere with your custody and visitation arrangement (and the court may re-evaluate where the best home for the children is in light of the fact you are willing to take them away from their friends, their school, all their other loving relatives, etc).\n\nHowever, if the issue of custody is not settled, then not only should you not leave the state, but it's probably inadvisable for you to leave the CITY with your children, or even moving across the street, at least not without providing your ex with the exact whereabouts of the children (especially if you're permanently moving).  Simply leaving with the children can very easily be construed by the other parent, and law enforcement, as an attempt to unlawfully deprive a parent their rights to access to their children.  That's generally considered kidnapping in the United States, and would be a federal offense the instant you crossed a state border.  The Feds are VERY good about prosecuting for it, too.  It's not worth running the risk.
352342
IF SHE IS NOT WILLING TO ACCEPT YOUR SON THAN SHE IS NOT THE ONE FOR YOU. THAT'S ALSO GOOD THAT YOU ARE TAKING CARE OF YOUR RESPONSIBILITIES KEEP ON TAKING CARE OF YOU AND YOUR SON AND THE RIGHT ONE WILL COME ALONG.