QUESTION
Can the mother of my child take her out of state without my consent or not?
Asked on Jun 06th, 2013 on Child Custody - Alabama
More details to this question:
My daughter is now 4 I haven't been part of her life for various situations. I started paying child support for one year already but I've been on the birth certificate since she was born is it ok for her to take her out of state without my consent.
5 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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It is essential that you speak with an experienced family law attorney to discuss your matter. If there are no parenting time orders in place you may be foreclosed from acting, if you do not do something soon.
Answered on Jun 10th, 2013 at 12:53 AM
Unless there is a court order saying that she can't, she can take the child anywhere.
Answered on Jun 10th, 2013 at 12:53 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If there is no custody order in place, it is possible. It is also possible that if she goes, you may be able to get the court in your state to force her to bring the child back. But, if you have not been a part of the child's life, will you if she stays in the state. If not, don't hurt the child because you want to feel like a big man. In other words, if you force the child to stay, you have to start being her dad, not just the bio-father.
Answered on Jun 07th, 2013 at 11:00 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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For a short time, yes Long term it depends on if you have an legal.standing Review your order
Answered on Jun 07th, 2013 at 10:59 AM
Without a court order prohibiting her from doing so, she can take her out of the state without your consent for periods of time for vacations and day trips. Your question does not address whether or not there is a custody order of any type or if this is a vacation or permanent relocation.
Answered on Jun 06th, 2013 at 10:11 PM