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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36580
Experience:  25 years of experience helping people like you.
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If I removed my children from a state to another state what

Customer Question

If I removed my children from a state to another state what do I need to do to secure them in the state ?
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Customer :

what advise do you giv e?

FiveStarLaw :

I apologize for the delay – there was a computer Issue

FiveStarLaw :

Can you please explain your situation in further detail?

FiveStarLaw :

Is there a parenting plan in effect?

Customer :

Can I remove my children from one state to another because of living situations ?

FiveStarLaw :

Are you children subject to a court ordered parenting plan

Customer :

no

FiveStarLaw :

Typically a parent is free to move and travel with the parent's child. Is there a reason that you think you would be restricted from doing so?

Customer :

well I filled in this state so and this is where my family lives and my children have more connections ..

FiveStarLaw :

What did you file

FiveStarLaw :

Please remember I am not familiar with your situation

Customer :

Custody Paternity action

FiveStarLaw :

That sounds as if you were not married to the mother and you are not on your child's birth certificate– Is that correct?

Customer :

Yep not married and three children and only one dosent have my name on the birth certificate, although have Dna test proving im fater tho .

FiveStarLaw :

Thank you – I now have a clearer picture.

FiveStarLaw :

Provided there is not a court order stating otherwise, you can move with the 2 children that have your name on their birth certificate. You cannot take the child that does not have your name on the birth certificate unless the court issues a paternity order. The DNA test that you have is necessary to obtain the paternity order

FiveStarLaw :

Does this answer your question or can I clarify?

FiveStarLaw :

?

Customer :

so if I have all three can a attorney correct all of this for me ?

FiveStarLaw :

Yes – However it sounded as if a paternity action had already been filed

Customer :

it was and then it got dismiseed for lack of juristiction ..

FiveStarLaw :

You will need to file in the jurisdiction where your child has resided for the prior 6 months

FiveStarLaw :

Have I answered your question

Expert:  FiveStarLaw replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

How do you argue in court that the mother has shown up after two years of not being a parent but she claims that kidnapping when cps report show s inconsestency's with the time frame she says . Kids have went from a stable home to a Shelter ..Kids graduated Temporary hearing with evidence to be heard ?

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