If I move out of state with my daughter without a custody agreement can her fatherstop me?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If I move out of state with my daughter without a custody agreement can her fatherstop me?

I have a 9 month old daughter. I’m going be trying to move to MI with her. The father and I haven’t been together for awhile he still sees her. We’ve never gone to court for child support or custody. He does not help me financially; when I ask he refuses to help. If I leave without telling him and go to court in MI, can I get in trouble with the law? And can he stop me if he does find out I’m leaving?

Asked on August 8, 2011 Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since there is no court order in affect, you can take your daughter out-of-state.  However, her father could go to court in CO and obtain an order which will require you to return with her.  If you fail to do so, you can be charged with parental kidnapping.  The fact is that the best way for you to obtain legal custody is to go to court first.  You can get a temporary custody order from the court (a permanent order will be issued at such time as a divorce is finalized).  In deciding whether or not you can then move out-of-state, the court will consider "the bests interests of the child" in making its determination. 

Note:  You could file in court in MI after you have obtained residency. But that typically takes around 6 months and your daughter's father could go to court in CO in the meantime. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption