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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years. Family law, child custody and support, domestic violence.
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can a parent take a child from califorina to missouri without

Resolved Question:

can a parent take a child from califorina to missouri without other parent knowing
Submitted: 7 years ago.
Category: Family Law
Expert:  Cowgirl Lawyer replied 7 years ago.
HelloCustomer

Thank you for choosing JustAnswer. In order to answer you question, it would be helpful to know a few additional facts:

1) Have any papers been filed in court, for a divorce, separation, order of protection, etc.?

2) Is this a planned move, or a visit? If a visit, how long?

Thanks!

Customer: replied 7 years ago.
No papers have been filed my 17 year old daughter wants to take her baby to missiori because her father lives there. My daughters x boyfriend and his family cause alot of griff she wants to get away from him he is the babys dad and is 17 also can he or his family say she kidnapped the baby he she leave without him knowing about them leaving
Expert:  Cowgirl Lawyer replied 7 years ago.
HelloCustomer

This brings up another question. Is the father the baby's legal father? In other words, is he on the birth certificate? Or has he been recognized as the father, in any sort of court action, such as a paternity case, or a child support case?

Thanks!

Customer: replied 7 years ago.
yes he is on birth certificate and welfare is going after him for child support
Expert:  Cowgirl Lawyer replied 7 years ago.
HelloCustomer

If there is an acton against him for child support, then there is probably also some sort of order about visitation?

Thanks!
Customer: replied 7 years ago.
no order has been filded for visitation he only see her when he wants to
Expert:  Cowgirl Lawyer replied 7 years ago.
HelloCustomer

Because the father is the legal father, your daughter's rights to the child are not sole and exclusive. She is, however, the custodial parent. However, as long as there has not been any legal action of any type, under which there is already a custody order, and as long as no such action is pending (nothing has been filed) in court, she has the right to take the child with her and move to live with her father.

I am concerned that there is apparently some action pending in court, for the child support. Before your daughter does anything, she needs to get copies of all court paperwork (everything that has been filed by welfare about child support) and take it to an attorney in your area for review. A consultation can be fairly low-cost. Not all attorneys charge the same prices, and so calling a number of attorneys to inquire about consultation fees might get her the review she needs affordably.

The reason I say this is that if there is anything pending in court (once it is filed it is pending), and she leaves with the baby, she very well may be in violation of a standing court order that applies to cases until the court makes a final ruling.

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Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.

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