If I move out of state with my daughter without a custody agreement can her fatherstop me?
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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 13 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.
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