Hello Vincent,My name isXXXXX a licensed attorney. Glad to try and help out.Sure sorry for the circumstances, truly. My heart goes out to you.Yes, either parent has the right to the child in such cases, I regret to say. In other words, this remains the case unless and until a Court of competent jurisdiction enters an Order to the contrary. Without such an Order, either parent is free to have his or her child live with him, travel, do all of the usual things a parent does pursuant to what the law calls "natural rights". It amounts to a "race", so to speak, until an Order is entered putting some parameters around the situation. For that reason and many others, the very best next step you could take would be to confer with local family law counsel.If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.I truly hope all works out for you and your family.Take care,Ben, J.D.
Thanks for your kind words and assistance. This "race" you speak of....do you mean which parent files for custody 1st? About a year ago, we had an argument and I left the house to cool off . Upon returning, she was gone with our daughter. She didn't say where she had gone and during our argument she mentioned she wanted a divorce. The next day I filed for custody for our daughter in Family Court. The court date was set for 5 months later. We had reconciled prior to the court date and I dropped the petition. Even though I dropped the petition- does that stay on file that I filed a petition? Does the history of filing before help me in the future if I have to file again? I thought both parents have to agree to an out of state move when children are involved? Please advise.
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