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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
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: 3 years ago.
Category: Family Law
Expert:  Ellen replied 3 years 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.*

JACUSTOMER-c34yx5f4- :

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?

JACUSTOMER-c34yx5f4- :

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

JACUSTOMER-c34yx5f4- :

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?

JACUSTOMER-c34yx5f4- :

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

JACUSTOMER-c34yx5f4- :

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?

JACUSTOMER-c34yx5f4- :

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 :

?

JACUSTOMER-c34yx5f4- :

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

JACUSTOMER-c34yx5f4- :

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

Customer: replied 3 years 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 ?