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AttyHeather
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 547
Experience:  Attorney with 15 years experience
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My daughter currently lives in Louisiana with her boyfriend

Customer Question

My daughter currently lives in Louisiana with her boyfriend and their 6 year old daughter. For months, she has told her boyfriend that she wants to move back to Texas, with him saying he was coming along. Now that the time to move is approaching - the boyfriend is reneging and says he will fight her leaving with their daughter. What are her rights? What are his rights? Can he prevent her leaving with her/their daughter?
Submitted: 4 months ago.
Category: Family Law
Expert:  AttyHeather replied 4 months ago.

Hi, I'm Heather, an attorney with 15 years experience and I'd like to assist for informational and educational purposes.

If there has been no paternity case filed by either of them, then there are no court orders. If there are no court orders, then your daughter is free to leave the state of LA and move to TX, or wherever else.

The only way he could prevent it would be to file the case and ask the court to issue a restraining order prohibiting the child from being removed from the state. The court may or may not do that, depending on what's in the best interests of the child. However, if she wants to move, if she goes ahead and does that, the longer he waits to file anything, the harder it will be for him to convince any court to make her take the child back, so if I were your daughter, I'd go ahead with the move, and hopefully, she can keep things civil enough with him to keep him from filing immediately.

Has that answered your question?

Expert:  AttyHeather replied 4 months ago.

Hi, I'm just checking in to see if I have been able to answer your question. Could you please chime in and reply to this message in the chat and let me know that I have answered what you were asking? I see that you viewed the answer, but didn't comment on it. Thank you very much and thanks for using justanswer.com!

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