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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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.