What to do if my ex-boyfriend is saying I cannot take our daughter out of the state for Christmas?

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What to do if my ex-boyfriend is saying I cannot take our daughter out of the state for Christmas?

My ex boyfriend and I have a daughter together. She is almost 17 months. We split up when our daughter was 6 months old. I moved back into my parents house with my daughter who is with me the majority of the time. Her dad see’s her every other weekend and one day a week. The birth certificate has his name on it and we never established any child support or a schedule for her to see him through the court system. Last year I took my daughter home for Christmas without any issue from him. I would like to take my daughter again for Christmas this year for 2 weeks so she can see my side of the family. When I informed her dad that she would be gone over the holidays he literally flipped out and is threatening to get an order stating I cannot leave the state. What are the possible outcomes from this situation? I have purchased the tickets home and we leave in a month.

Asked on November 14, 2011 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were unmarried at the time that the baby was born and you have no formal court order or agreement as to custody or visitation, the law recognizes you as the legal guardian of your daughter regardless of his name being on the birth certificate or not.  But I would really consider seeking consultation from an attorney at this point in time as to establishing your legal rights here and before he files any sort of paperwork in court to establish custody and possibly to ruin your trip plans.  If you initiate the proceeding then you can request that the court allow you to go home for the holidays.  Beat him to the punch. Better to have the upper hand. But understand they may say no so timing is what you need to discuss with your attorney.  Get help.  Good luck.


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