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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If a childs father lives out of state and takes him out of state without any legal papers

Customer Question

if a childs father lives out of state and takes him out of state without any legal papers drawn up will the legal mother have problems getting her child back in the state she lives in. The mother is trusting the father, it's just a verbal agreement between them
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) f you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
There may be issues only if the parents begin to argue. Without custody orders in place, either parent has a right to the child, which also means keeping the child away from the other parent. Because most of the time, informal sharing leads to quarrels, the parties normally end up getting formal orders through the legal system.
So if the father takes the child and refuses to give the child back, the mother can do nothing, really, but go to court to seek a custody order formally. Otherwise, informal verbal agreements are simply not binding.
Also note that if the child lives outside of ND for 6+ months continuously, then the jurisdiction for child custody will be THAT state, and not ND.
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