Wants to leave the state

[lyndajean]

My daughter & the father of my grandson (3 years old) have never married. No Friend Of The Court involvement or any child support payment set up. The father now is telling my daughter that she cannot move grandson out of the state. She is having serious financial problems, some due to the father, and needs to move out of state to be near her family for more help and support. The father says he will report any and all past "questionable" activity by my daughter. Right now she supports and cares for grandson with minimal assistance from the father and almost not financial support. He is threatening her constantly and has her frightened that the court will step in and take the child away from her. He is a well adjusted happy little boy and she is a very good mom.
1. Can he stop her from leaving the state with no prior court involvement?
2. Is there anything standing in her way of just packing up and moving to another state?
3. Is it possible if she has had some previous questionable activity (possibly illegal, maybe drugs or prostitution) it would entitle him to custody of the child? he has never had custody of the child in the past.
4. If she were to just pack up and move out of state is it possible for him to demand that she move back to Utah and the court to support that demand?
Thanks for any help.

 

[MacysGirls]

I am not a lawyer, but I am in a situation that has educated me on parents rights.

1. Can he stop her from leaving the state with no prior court involvement?
I seriously doubt it. Is the boyfriend listed as the father on the birth certificate ?
2. Is there anything standing in her way of just packing up and moving to another state?
If there is no court order stating custody or child support he has not established any rights to the child. There seems to be nothing standing in her way
3. Is it possible if she has had some previous questionable activity (possibly illegal, maybe drugs or prostitution) it would entitle him to custody of the child? he has never had custody of the child in the past. Past "questionable" activity would have to be proven. Its extremely difficult to take a child away from their mother.
4. If she were to just pack up and move out of state is it possible for him to demand that she move back to Utah and the court to support that demand? It's next to impossible to have her come back to the original state to process and establish parental rights. He would have to have a lot of money/time to get that started, there is a lot of red tape.

*Again, I am not a lawyer. I am just a single mother of 2 with a great lawyer. Best advice have your daughter consult with a lawyer, many have free consultations.
Best of luck

 

[Duranie]

Has paternity been established? If so then she just cannot get up and move. Does your daughter have an open order of child support agaisnt him? She needs to contact CSE if he is not paying. If he is the legal father, she may have trouble getting up and moving. If paternity has been established, he does have rights regardless of how you feel about him.

If paternity has not been established and they were never married, she could probably move.
If she actually is involved in illegal activity such as prostitution (which you don't seem concerned about at all) and he has proof (arrest record, any record with CPS) then yes he does have a case for custody and paternity wil need to be established if it hasn't already.

The father does have rights to custody over anybody else if he can prove the mother is unfit.

You should be more concerned about your grandchild here instead of worrying about the fathers rights here.