a custody/court question

adriens_mommyadriens_mommy
edited June 2011 in Pregnancy and fathers
So i know that it could cause legal problems if i decided to take my son and move out of state and his father objected. But what about staying within the state? More specifically we are in reno nv and I'm thinkin i want to take adrien and move back home to vegas. is this legal? We dont yet have any kind of court ordered custody agreement he isn't even paying child support "yet" and my son is 7 weeks old. Can anybody give me some knowledge on this matter? If i can id like to just pack up and go like within days. id rather not even tell his Dad were going for many complicated reasons. Please help!

Comments

  • lily_glzlily_glz
    You can go wherever you want if y'all don't have any legal papers concerning custody. If he has money for a lawyer and to file then he could try and do something about it, even to keep you in the same county... but I doubt he will win that. Been through this! I'm in texas though
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  • lily_glzlily_glz
    You don't have to tell him where you're going, you're the mother. I say go for it
  • intriintri
    Right ... right now there is no legal papers been process so its all good to go...even he file on something on u for u not to leave? You still will win...specially ur baby is 7weeks old...:) move girl.
  • adriens_mommyadriens_mommy
    @lily_glz he does have a lawyer and he's been trying to push an agreement thru for joint custody, saying lets go down together and sign whatever. But he's up to something i know it i can tell and i want to move before any courts get involved because then he will tie me down. So can he use his lawyer to force me back do u know? Could i be charged with a crime?

    @KerrideeRN no were not married i just wanna know if he could press charges against me like child stealing or something...
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  • lily_glzlily_glz
    You're not kidnapping, he's your child. Well as long as the court isn't involved you can go, there's no legal papers and nothing in the system. He can file and have you go to court but you can just go back for the hearing. Even if you can't afford a lawyer make a good case as to why you wanna live in vegas instead of reno and so on. You won't be charged wth a crime
  • adriens_mommyadriens_mommy
    Im going home!
  • artistmammaartistmamma
    @babyboyontheway: The BEST thing you could do, to protect yourself & your baby, is look up a lawyer that handles custody issues, call them, & ask. Most attorney's offices are happy to give out free advice like this, hoping you'll retain their services in the near future. I had a 45 min conversation with my attorney before I even retained him, & he advised me on all kinds of actions I didn't know I could take against my ex-husband.

    My gut tells me there's nothing he can actually do to stop you from moving, & I wanna say, go for it! But each state is different. I can tell you that this happened to my BIL, when his ex-fiance took their daughter at 3 months old & moved from Pennsylvania to southern Maryland without asking or telling him. They had just started filing for custody hearings & back then, there wasn't a damn thing my BIL could do. He missed out on many months of his daughter's life because of that, & this is a situation where he's the better parent, & the mom is a deadbeat.

    So back to you, I would just place a quick phone call to an attorney & get yourself some free advice. Best of luck to you!! :)
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  • lily_glzlily_glz
    In my experience they had to serve me a subpeona (sp?) To "wherever I may be found" they gave me papers in person never through the mail. Only court dates through the mail but that's after they already served me the papers
  • mrs_shumrs_shu
    To my knowledge court will be "held" where you last resided (county or state), most if not all require you living somewhere for at least 6 months-so if a court date comes up before you've been where you're planning on living in that time frame, you'll have to travel back. Best bet is to consult with a lawyer-plus they will give advice how BEST to go about your specific situation.
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  • mom60511mom60511
    Does the baby have your last name or his? Where does the baby live? How much time does the dad spend with him?
  • mandac10mandac10
    U can go anywhere u want for example im from ohio same for my daughters father she was born there. Well we moved to Virginia and now hawaii n he has no say n still pays support. As long as u were never married u can go where u want
  • adriens_mommyadriens_mommy
    @mom60511 my son has his last name, but he lives with me full time and for a while his Dad wasn't coming around much at all but within the last 2 weeks he been seeing him a couple times a week
  • Steffany08Steffany08
    Yea I've been thru this. I'm orginally from NY and moved to colorado wit my 6 yr ols son. The only reason I let his dad know is because he is on his birth certificate, and once you put the fathers name on that he has rights. But I didn't have a problem he was calm and respected my decision honestly I think you should get a good lawyer and square things away for the safety of child and ur rights. Court is scary and crazy and you never know who the judge will favor. It is all depending on how the enviroment you have your child in.
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