QUESTION

Can she leave the state with the baby?

Asked on Oct 30th, 2013 on Child Custody - New York
More details to this question:
She just texted my phone and said she is leaving on the baby's birthday which is November 9, 2013. What can I do? Please help we have never been to court.
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5 ANSWERS

Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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If she is planning on leaving that soon, you need to consult with an attorney and file a legal action immediately to prevent her from doing so. It is much easier to keep her here than it is to bring her back.
Answered on Nov 05th, 2013 at 5:47 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Are you the legal father? If paternity has not been legally established and a parenting plan been put into place by the court, she can leave as you are not the legal father until both of those things have been completed. If you want to be in your child's life, then you need to become the legal father.
Answered on Nov 05th, 2013 at 5:46 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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So go to court and stop her. If you file the case and get her served, there will be temporary orders in place preventing her from taking the child. Of course, be prepared to take full custody of the child if she really wants to leave.
Answered on Oct 31st, 2013 at 12:51 PM

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Family Law Attorney serving Independence, OH at Abel & Zocolo Co., LPA
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Absent a restraining order from the court she can leave.? If the parents are unmarried and no custody order has been made, Ohio law provides that the mother is the sole custodian. She make take the child as she desires. If the parties are married, Ohio law provides that both parents have equal rights to the child, and absent a Court order to the contrary she may also leave.
Answered on Oct 31st, 2013 at 12:50 PM

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Bruce Provda
You can go to court and file for custody at least joint custody right away.
Answered on Oct 31st, 2013 at 12:48 PM

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