How would custody work if the father leaves the state?
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!
102327
Depends on the state law, he will have to go in front of a judge for it to happen though. The judge will want to make sure he knows what he is signing away, and that he is of sane mind
97240
it depends on the state but where i live you have to turn the child over until the courts say that you don't have too. Make sure you write every encounter (seeing the other parent, phone calls etc.) down and keep track of how the kid is and take pictures
352323
SHE HAS TO REPORT HIM LIVING THERE.  BUT DHS AND CHILD SUPPORT WORK TOGETHER NOW.  IF SHE DOES NOT TURN IN THE FATHER TO CHILD SUPPORT SO DHS CAN COLLECT THIER MONEY FROM HIM SHE WILL LOSE HER MONIES.  ALSO IF HE IS REPORTED SHE AND HE WILL HAVE TO PAY BACK THE STATES MONEY.  AND THERE ARE ALSO SOME DHS SYSTEMS THAT MAKE THE MOTHER WORK FOR HER SMALL CHECK.
100894
Well it depends.....   if there is no court stuff going on and no one has been ordered temp custody or perm.custody then the father and mother have equal rights and he can go wherever he wants with the kids but if there is court stuff involved and the mother has temp custody or was awarded perm. custody due to a divorce or through the court then no the father cannot legaly take off with the kids.
47175
You wil have to contact an attorney.  Every state has laws written into them that do not allow a parent to leave the custodial state with out the other parents permission.  If the father cannot be found a reasonable search must me made (i.e. newspaper adds). When the father cannot be found then you will go to court and potition for the parential rites to be remove from the missing parent.  I stress very highly-(GET AN ATTORNEY)
486514
You are going to have to set some rules. He is going to be in your life, on a limited basis, for years to come because of the children, but you need to set a few things straight. One, he MUST pay child support. Two. When it's his visitation, he picks the children up, and brings them back. Don't let him run over you on this. Stand your ground! He can pay a visit to the jail house.....then he WILL obey the rules. Good Luck!!
29918
If there is no father, the state takes it. If the father and stepmother aren't married anymore or the father is dead and there is no will, the former stepmother has no connection to the child.
793924
She will have to prove to the courts that she and the daughter would be better off moving. Most courts won't look kindly upon her picking up and moving without a guaranteed job wherever she is moving to. Tell her to get her ducks in a row, then issue a written 30 day's notice to the father outlining the wheres and whys of the move. If he fights it, she'll at the very least be equipped with a good arguement.
329817
Since your daughter lives in another state and has for some time you would have to petition the Family Court in that state. Here in NYS your ex-wife would have had to have your permission to move the child out of state. And if you wouldn't agree she would have had to petition the court for permission to move. In most cases judges will not grant permission. \n\nAt 7 she's hardly old enough to have a say in which parent she lives with. Even if you don't agree with spanking as a form of discipline, unless they are leaving welts and/or bruises there isn't much you can do. If you suspect child abuse then you need to make a child abuse report. But don't use a child abuse report as a means of gaining custody. If a judge thinks that's what you're doing you are sunk before you start. \n\nYour best course of action will be to hire an attorney. Perhaps you can find one who will allow you to make a payment plan.\n\nI pray that the outcome of all of this is what is best for your daughter. God bless you and your efforts to create a happier life for her.
1171272
If there is no custody order in effect that states he has visitation rights, then no, he cannot force you to stay with him.  And either way, he certainly cannot send you to a "child home".
260901
If you both live in the same state, you need to give your permission before he can take the kids out of state, and it should be in writing. If he takes your son out of state without your permission, contact your local police and advise them of the situation. It is not necessarily kidnapping unless he does not intend to return with your son when his time for visitation is over.\n\nYou really need to pose this question to your local police department. If the police won't help you, or answer the question, you need to talk to a lawyer in your area that deals with child custody issues.\n\n"Parental child abduction, in simple terms, is the permanent removal of a child from their place of habitual residence (the place where their life is established) by one parent, without the permission of the other parent. A common parental child abduction scenario involves a divorced parent who lost a child custody battle. Depending on the laws of the country the child has been taken from, this may or may not constitute a criminal offence. From the UK, to remove a child for a period of 28 days or more without the permission of the other parent (or person with parental responsibility), is a criminal offence.\n\nSerious problems can arise when parental abduction results in moving a child, with a parent, across an international border. The laws of the states are different, and a foreign child custody order may not be recognized.\n\nThe Hague Convention on the Civil Aspects of International Child Abduction is an international treaty and legal mechanism to recover children abducted to another country by one parent or family member. The United States signed this into law in 1988. Japan is the only G7 nation that has not signed this treaty into law."
732941
email me at corbett11@yahoo.  Depending on your income, you may qualify for a public defender.  You can also try a Volunteer legal services project.  They are lawyers who volunteer their time for these matters to lower income ppl.  Try to be amicable with the father as it is in the best interest of the child.  Go for joint custody.  Allow the most for relationships with both parents.  You can hate him if you want, but dont use the child as a pawn.  My ex is and I didnt get to see her for 3 months.  Not cool.  Also, File for Child support tomorrow, along with a petition for visitation/custody.  Your parents and his have rights as grandparents and can be entitled to time as well.  Try to take a parenting course that deals with the psycholgical aspects on the child (A.C.T. - Assisting Children with Transition) or something similar.  The 0-3 yrs are the most crucial in development for your baby.  Keep that in mind.  This is when the relationships and bonds are formed.
480245
I think you are stuck.  Your rights as a mother are no stronger than his rights as a father.  You both have rights as parents, and that means that neither of you can pick up the child and move out of state without the permission of the other.  Would you like it if he decided to move to California with your son but not you?
1114759
MOST STATES HAVE LEGAL AIDE SERVICES THAT CAN HELP.IF THERES LIKELY TO BE A CUSTODY FIGHT I STRONGLY SUGGEST HAVING AN ATTORNEY. ALSO SECURE THE CHILDS RESIDENCE BEFORE HAND.....SUCH AS MAKE CERTAIN THE DADS RESIDENCE IS LISTED ON ALL PAPERWORK,SUCH AS SCHOOL OR DAYCARE RECORDS ETC...HE NEEDS TO BE ABLE TO PROVE THE CHILD HAS BEEN IN HIS CUSTODY. DIVORCE CAN BE VERY UGLY,ESPECIALLY WHERE KIDS ARE CONCERNED.I WOULD DEFINATELY SEEK ADVICE FROM THE LOCAL FAMILY COURT OR DISTRICT ATTORNEYS OFFICE BEFORE TIPPING MY HAND.
464734
laws very from state to state. i don't think you can collect support after the child was adopted because the father would have to give up his rights. when he did that he relieves his self of past payments due. most men give up there rights as a father to keep from paying child support. but i would check w/ a lawyer to be on the safe side.
750124
Hi,\nI'm not an attorney, and this is not legal advice, but here is what I’ve heard:\n\nThe appropriate body of law is the \nThe Uniform Child Custody Jurisdiction Enforcement Act.\n\nIt says that the state of jurisdiction is:\n\nThe child's home state. \n(where he has lived for the last 6 consecutive months)\n\nIf jurisdiction there is in the child's best interest.\n\nAnd the child is physically present in that state.\n\nThere is no jurisdiction if the child was kidnapped, or brought to that state unlawfully.\n\n\n\nIt's a little more complicated than this though.  \nHere is the applicable section:\n\nSECTION 201. INITIAL CHILD-CUSTODY JURISDICTION.\n\n(a) Except as otherwise provided in Section 204, a court of this State has jurisdiction to make an initial child-custody determination only if:\n\n(1) this State is the home State of the child on the date of the commencement of the proceeding, or was the home State of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;\n\n(2) a court of another State does not have jurisdiction under paragraph (1), or a court of the home State of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under Section 207 or 208, and:\n\n(A) the child and the child's parents, or the child and at least one parent or a person acting as a parent have a significant connection with this State other than mere physical presence; and\n\n(B) substantial evidence is available in this State concerning the child's care, protection, training, and personal relationships;\n\n(3) all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under Section 207 or 208; or\n\n(4) no State would have jurisdiction under paragraph (1), (2), or (3).\n\n(b) Subsection (a) is the exclusive jurisdictional basis for making a child- custody determination by a court of this State.\n\n(c) Physical presence of, or personal jurisdiction over, a party or a child is neither necessary nor sufficient to make a child-custody determination.\n\n\nI think you should discuss this with a qualified family lawyer.\nDo not act on the advice of an anonymous poster!\nGood luck. I hope this is helpful.