QUESTION
Can I use that text message as consent, even though it's a year old?
Asked on Jun 20th, 2016 on Child Custody - Washington
More details to this question:
I have advised my daughter's father for over a year now regarding my move. Initially, he agreed on text that it was okay to take her and he's ok with everything as long as I still allow him to see her. I still have that text message. We do not have a child custody order in place. I even created a child custody stipulation with everything he wants so if he's not too happy about this move, he can agree to Joint Custody, with her visiting on winter, spring, and summer breaks, and I'll fly her down myself, pay out of my own pocket and will not ask for reimbursement or child support. Now it's the date to move. He is now upset and indicates he'll accuse me of parental kidnapping. But he still hasn't signed the stipulation either. I know her best interests. She has been with me since we separated in 2010. Can I still take her without his most recent consent? Can I take her with me and then if he'd like to motion for an order on his own, then he can?
1 ANSWER
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You don't say if you were married to the father or if there are any court orders in place. If you were never married, and the father has not been made a legal father by a court order providing for him to pay support or see the child, then you can do what you want. If there is an order in place and he has objected to the move, you must go to court to ask for permission to move the child. The agreements you put together are worthless. Private agreements about children are not legal. Get a lawyer and do this right or you may be exposing yourself to more expensive legal proceedings.
Answered on Jul 22nd, 2016 at 6:19 PM