QUESTION

Can I legally move out of the state with my daughter without her father's permission?

Asked on Jan 15th, 2014 on Child Custody - Rhode Island
More details to this question:
My daughter and I are moving next month. My daughter's father is abusive and I do have police reports saying he hit me while I was holding my daughter. I have no where to go but to move back in with my parents, but he keeps threatening me saying he could have me arrested for kidnapping. If we haven't established custody and there is no pending custody case, can I legally move without being charged with parental kidnapping?
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7 ANSWERS

Generally speaking, if there are no custody or parenting time orders in place, and no action filed for dissolution, then there is no impediment to your moving. However, the state where the children have lived for the prior six months is the court which will have jurisdiction to determine custody and parenting time. What this means is that, absent some very special circumstances, the father could file a petition in his state, and you would have to respond in that court. What I suggest you do is to consult with an experienced family law attorney in your area to discuss these issues. With no orders in place I believe that the police would simply tell the father that there is nothing they can do, but seek local counsel's advice on this.
Answered on Jan 22nd, 2014 at 10:45 AM

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Civil Litigation Attorney serving Dallas, TX at Ginsberg & Associates
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If there is no established custody case then you can move. However, the State to file a custody case will be where the child has resided for the past six months which would be Texas.
Answered on Jan 20th, 2014 at 10:20 AM

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Yes. You can move. But you must also tell dad where the child is living. I suggest you get a restraining order.
Answered on Jan 20th, 2014 at 10:16 AM

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Yes. You will not be charged with kidnapping if there are no court orders. Go. Then establish residence and custody in the new state.
Answered on Jan 20th, 2014 at 10:11 AM

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Personal Injury Attorney serving San Antonio, TX at Law Offices of James P. Peterson
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If there are no court orders then you can move.
Answered on Jan 20th, 2014 at 10:11 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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As long as there is no custody case, you can move. Be aware that if he files a case after you move, you may be ordered to return the child to the state. However he would have to take action and the police reports would be good evidence for you. Also, why have you not gotten a protective order keeping him away from you and your child? That will help too.
Answered on Jan 20th, 2014 at 10:11 AM

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Domestic Relations Law Attorney serving Taylor, MI at Belanger, Paul, P.C.
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Has there been any Court Order, if yes, not without Court's permission.
Answered on Jan 20th, 2014 at 10:09 AM

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