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What are the "rules" so to say on taking a child out of state?
My boyfriend and i recently split up and we have a one year old daughter together. He left us with no where to stay, no money, and i was a stay at home mom, so jobless. I live in AZ and have family in WV and was asked to come out there and they would help me get a job and save up some money, and then i would like to come back to AZ. I was thinking about six months. What are the laws on this, could i get in trouble for taking her with me? I havent heard from him since, and wouldnt be willing to leave her with him. I would come back and still want him in her life, he is her daddy regardless of whether we are together or not. Are there any other options? We are staying with my grandmother here... but we need out. PLEASE HELP!! Thank you!
neither of us have custody, and yes, he is one the birth certificate... there has been no paperwork filed yet. I heard if i fill it out here in AZ... i will have to stay, should i wait till i get to WV to file?
7 Answers
- 1 decade agoFavorite Answer
If there is no custody order in place then yes. You can take your daughter where ever you want too. There is no law it is not kidnapping because you are the mother.
Source(s): Been through this! - justmeLv 41 decade ago
Is there a custody order in effect? Since he kicked you out and left you "homeless" (except for your grandmother taking you two in), I would seriously doubt anyone is going to stop you. But, if you have a custody order that states you can't take the child out of the state, then no, you can't. If there isn't such an order in place, you can go where you choose, since it sounds like you are the custodial parent. You can't get in trouble in that situation.
FYI, I would go ahead and get all the court stuff established since you have split so this doesn't become an issue in the future, and you can make sure you are the childs legal gaurdian (if he is on the birth certf. and left the state with her, what would YOUR options be? I'm not sure. )
Good luck - heard it is humid there! What a change!
- 1 decade ago
First off look up a local womens shelter if you can't stay with your grandmother.
Second go straight to the local court house and file a motion "show good cause".
It may have a delay but you will have paperwork showing yay or nay.
You need to be specific in your cause and reasons why you feel you are the better parent and why you need to take your child out of state.
If he is on the birth certificate, that might be the way you want to go.
If he decides to get stupid he can claim it's parental kidnapping.
If he is not on the birth certificate he doesn't have very much to stand on..
Unfortunately I was in the same sort of situation myself but in domestic violence situation and no money for an attorney.
I called a local womens shelter and they helped me with the paperwork!
Good luck to you and I hope everything works out.
- orphan annieLv 51 decade ago
I would just go. He hasn't seen her since ya'll split so why would he care. If you don't have no money and no way to care for your child there and you have an opportunity to make a living in WV than go.
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- 1 decade ago
Contact him and see if he'd give you permission to go. Have him sign a consent form if he says yes so you have proof that he agreed. If you can, have him meet you at a bank where they have a notary that can witness him signing the consent. If he won't sign a consent you'll have to go through the court. Some court systems have assistance available for low-income families, so don't let money stop you.
- 1 decade ago
hi i had a divorce 1yr ago wth 3 children. in tx it is not illigal to go state to state but out of county with out approval is. u say he was a boyfreind not husband? it should be ok to do what you have to do.u can be nice and inform the guy where u r going. good luck, i understand where u r coming from
- 1 decade ago
You need to do what is right for you and your child! He can not say anything because he does not have custody. Good luck!!