Dear Ms. Evans:
If there has not been a court order establishing paternity, then your son's girlfriend can leave the state. If paternity has been established, he can file a motion to prevent her from leaving the state with the court. Assuming no paternity has been established, your son needs to immediately file an action to establish paternity, timesharing and a parenting plan with the Court in the county where he or the mother resides. Unfortunately, until a judge enters an order that establishes paternity, just filing the petition will not stop the move. However, your son can ask that she be required to return to the state with the children.
Most people do not know about the need to establish paternity in the courts even when the parties get along and are doing fine. It is better to do it sooner rather than later, but hopefully your son will have enough time to get this done before the mother leaves.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
954-316-3496/561-962-2785
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.