QUESTION

Can a father take a child out of state without permission from the mother?

Asked on Nov 01st, 2017 on Child Custody - Nebraska
More details to this question:
Said child lives with the mother. Mom let child spend the night with her father and he left the state with her. What legal right does the mom have?
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4 ANSWERS

The answer is maybe. First of all does the father have any rights of placement or custody? If he does then he might have the right to take the child out of State for a short time. He only needs the permission of the mother or an order from the court if he is moving The child more than 150 miles away from the other parent, or taking the child out of state for more than 90 days?unless there is a contrary court order. The mother could, among other things, bring a contempt action against the father if he violated anything in a court order If she can afford it she can hire a lawyer in the State where the child is now located, who may have a number of techniques?including habeas corpus. So... check the most recent court order relating to custody or placement. You may want to contact a lawyer where the child is now located. You could also call the police, either here or where the child is staying.
Answered on Nov 04th, 2017 at 8:27 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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It depends on what the parenting plan says. If no court has entered a plan, then each parent has the same rights. However, if the father does not return with the child within a reasonable period of time, then the mother can file a habeas corpus action.
Answered on Nov 04th, 2017 at 8:26 AM

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Child Custody Attorney serving Kansas City, MO at Kiske Law Office, LLC
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This can depend on a number of factors surrounding the specific circumstances. Generally a parent cannot conceal a child for the parent but can take the child. When unmarried parents have a child together a parent can file a paternity action to set up custody and visitation and have an order in place. The court shall mandate compliance with its order by all parties to the action, including parents, children and third parties. In the event of noncompliance, the aggrieved person may file a verified motion for contempt. Typically, a paternity action will establish who the parents are, custody (legal and physical) and child support. This is generally done through filing a parenting plan with the court.
Answered on Nov 04th, 2017 at 8:26 AM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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Unless there's a court order saying you can't there really should be no consequences. I'm assuming you brought the child back.
Answered on Nov 02nd, 2017 at 2:02 AM

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