How do we get the child?

[bianchon]

Our daughter had a baby with a guy who left her for another girl when she was still pregnant. Now it is basically he and his girlfriend who have the iittle girl practically all the time. No legal custodity ruling has been made. What would happen if anything if our daughter just picked up the child at pre-school and brought her here to our house so that she could live with her daughter and us? This would mean moving to another state, that is from the North East to Texas.

 

[seniorjudge]

Q: What would happen if anything if our daughter just picked up the child at pre-school and brought her here to our house so that she could live with her daughter and us?

A: My crystal ball is in the shop for repairs right now, but I will GUESS that there would be kidnapping charges galore filed and y'all would go to prison for a long time.

 

[bianchon]

And why? There has been no custody ruling. Doesn't the mother have just as much right as the father to have the child and can't the mother live where ever she wants in the United States with the child?

 

[seniorjudge]

And why? There has been no custody ruling. Doesn't the mother have just as much right as the father to have the child and can't the mother live where ever she wants in the United States with the child?

Good luck.

 

[Duranie]

Has paternity been established with the father?

If neither parent officially has custody on paper then mom could probably do that, but it is extrmely ill=advised if she is going to take the baby out of state. Dad's state currently has jurisdiction and dad could easily file for custody and ask for the child to be returned. Mom would not be able to file anything until she has been in this new state for at least 6 months and that would give dad ample time to file paperwork.

Not to mention, that might irritate a judge.

Has mom or dad filed any petition for custody or visitation?

It sounds like Dad has been the primary caregiver so it is not automatic that your daughter is going to get custody. She can certainly file and either start a full blown custody battle, or try to work something out with dad.


If mom wants custody and wants to move out of state, she should file within the courts and ask. Be advised though that if mom is allowed to move out of state with the child, she will probably have to provide the bulk of the transportation for visits.

 

[Duranie]

I wanted to add that you have no rights to the child at all. This is a legal mater that will be between the mother and the father.