QUESTION
Should I call the police if my girlfriend is going to move the kids to another state? How?
Asked on Apr 24th, 2015 on Divorce - Louisiana
More details to this question:
My girlfriend is saying that she is going to move to Texas to live with her family and that she’s taking our 3 kids with her and she isn't talking to me anymore. She can’t do that because I’m the father and I love my kids and I have been a good father their whole lives. I told her she just can’t take them like that just because she is saying we broke up and she wants to move to her sister. Should I just call the police and they will stop her?
17 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The police have nothing to do with this. You need to establish your legal paternity since you are not married to the mother. Once you do this, you can file an objection to her relocation. Otherwise, even though you are biologically their father, you have no right to the children, until you have been made the legal father.
Answered on Apr 30th, 2015 at 3:08 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Yes, and cite Penal Code Section 278.5, if you can show malice: > > (a) Every person who takes, entices away, keeps, withholds, or conceals a > child and maliciously deprives a lawful custodian of a right to custody, > or a person of a right to visitation, shall be punished by imprisonment in > a county jail not exceeding one year, a fine not exceeding one thousand > dollars ($1,000), or both that fine and imprisonment, or by imprisonment > pursuant to subdivision (h) of Section 1170 for 16 months, or two or three > years, a fine not exceeding ten thousand dollars ($10,000), or both that > fine and imprisonment. > (b) Nothing contained in this section limits the court's contempt power. > (c) A custody order obtained after the taking, enticing away, keeping, > withholding, or concealing of a child does not constitute a defense to a > crime charged under this section.
Answered on Apr 30th, 2015 at 3:03 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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No. The police can't do anything because there is no (I'm assuming) custody order. If there is no custody order, then she's got just as much right as you do to go anywhere with the kids. You need to file a custody complaint and sue her for custody before she leaves the state (preferably). If she tries to leave the state with the kids after you have started the custody action, then you can pursue an emergency custody order to prevent her from fleeing the jurisdiction of the Court in NC.
Answered on Apr 28th, 2015 at 9:40 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to file a legal action immediately to prevent her from moving. If you have already been established as the biological father, then you should be able to stop her relatively easily. If you have not already been established as the biological father, then you need to do that first. You need to consult with an attorney immediately. In the meantime, detailed answers (under Florida Law) to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other.
Answered on Apr 27th, 2015 at 9:19 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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YOU NEED TO ACT IMMEDIATELY AND FILE FOR CUSTODY AND AN EMERGENCY HEARING WITH THE COURT. THE COURT WILL MOST LIKELY ORDER HER TO STAY AND MAY GRANT YOU CUSTODY OF YOUR CHILDREN.
Answered on Apr 27th, 2015 at 7:24 AM
4 Awards
The police will not stop her. They will say it is a civil matter. You need to file for a court order ASAP. You really need to speak with an experienced attorney about your options and how to proceed. Best wishes.
Answered on Apr 27th, 2015 at 6:47 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The police will not stop her. You need to file a court action to have the court determine that you are the biological father and then ask for custody of your children.
Answered on Apr 24th, 2015 at 10:09 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The police are not delighted to step into conflicts between parents that are generally resolved in the courts. If a parent wants to move a marital child out of the state, or more than 150 miles away from the other parent, they must follow the statute requiring formal notice, sent by certified mail, and give you at least a short time to object. Consult an experienced family lawyer. He or she may be able to get into court promptly with a motion to restrain the girlfriend from taking the children out of state.
Answered on Apr 24th, 2015 at 9:54 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Absent a court order, the police won't do anything. You need to contact an attorney to help you get emergency orders and prevent her from leaving with the children.
Answered on Apr 24th, 2015 at 9:50 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Unless a court case is filed you have no rights /interest in the children. A statute allows her to move but the children must stay in Florida- BUT there must be a court case. See an attorney immediately.
Answered on Apr 24th, 2015 at 9:45 AM
Criminal Defense Attorney serving Orlando, FL
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Fighter Law
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You should call us to get in touch with a family law attorney.
Answered on Apr 24th, 2015 at 9:30 AM
2 Awards
Unless you have a court order that says she can't leave, the police probably won't help you. You need to file an application with the Court to address her move. I would not wait until she leaves as it can be very difficult to deal with these situations once the kids are out of state. Sounds like you need a consultation to get your questions answered and figure out how to proceed.
Answered on Apr 24th, 2015 at 9:04 AM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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Unless you have a court order dont bother. It would be best to retain counsel to file the appropriate motion.
Answered on Apr 24th, 2015 at 8:39 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to hire an attorney and get a court order, without that she and the children are free to go.
Answered on Apr 24th, 2015 at 8:31 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Do you have a court order? Are you adjudicated the father? If you do have an order, you can file a motion that the children cannot be removed from the state. If you are on the birth certificate, you can file a motion to confirm paternity and set custody/placement terms. If you don't have either, she can move where ever she wants. If there is no court order, she legally has sole custody and placement. You need to file a motion to establish paternity IMMEDIATELY.
Answered on Apr 24th, 2015 at 7:50 AM
1 Award
The police cannot stop her from moving. You should file a petition for custody immediately.
Answered on Apr 24th, 2015 at 7:41 AM
My suggestion is that you retain an attorney to file a custody and/or paternity action and obtain an emergency Order from the Court to keep the children within the Court?s jurisdiction until the matter is completed.
Answered on Apr 24th, 2015 at 7:41 AM