Family Law Questions? Ask a Family Lawyer Online.
If you could answer a couple questions that would be helpful
Did you sign the birth certificate, affidavit of paternity or do a paternity test on the child?
Do you have any custody or visitation orders at all?
How long has she been gone?
You have rights as the father, since you signed the birth certificate you have the right to request that she be ordered back to the state until custody/visitation can be determined. This is a petition you will need to file as soon as possible as once she becomes a resident of another state you would be required to petition in that state.
I would advise you to seek legal counsel to begin the process of petition the court for the order to bring her back. If you must go it alone, you will want to go to your local law library and pick up custody forms. Fill them out and submit them to the courts requesting custody of the child. The judge can issue a order requiring her to come back so this can be handled in court.
State law allows her to become a resident for custody issues in 6 months.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).