How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
Type Your Family Law Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

if i have sole legal and physical custody of my child, and

Resolved Question:

if i have sole legal and physical custody of my child, and the father left me and her before she was born and moved out of state (I live in VA, he lives in NC) can he take her out of state (she is an infant) without my permission?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.
-Could you explain your situation a little more?

Is there any court order in effect for visitation?

Is there anything in your court ordered custody prohibiting him from taking the child out of state?

Has he been active in the child's life?
Customer: replied 7 years ago.
He has court ordered visitation every other saturday. He has not been an active part in her life. He was not around the entire pregnancy, told me he wanted nothing to do with her, and moved out of state. He was not there when she was born, and made no attempt at contacting me about her (even though I had contacted him, with no response, when she was born) until now, she is now 9 months old. He has not seen her at all. The court order did not specify, because at the time it wasnt an issue, if he could take her out of state.
Expert:  Dave Kennett replied 7 years ago.
DearCustomer- I'm not certain how he was able to get visitation of an infant if he has had no contact however the only thing you can do is to file a motion with the court asking for a restraining order to keep him from removing the child reom the jurisdiction.

If he lives in NC I can't see how it would not be an issue with respect to visitation but you need to file a motion with the court to avoid being in contempt of the visitation order.

Dave Kennett
Dave Kennett and other Family Law Specialists are ready to help you

Related Family Law Questions