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if i have sole legal and physical custody of my child, and

Customer Question
the father left me and...
if i have sole legal and physical custody of my child, and the father left me and her before she was born and moved out of state (I live in VA, he lives in NC) can he take her out of state (she is an infant) without my permission?
Submitted: 8 years ago.Category: Family Law
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Answered in 3 minutes by:
9/1/2009
Family Lawyer: Dave Kennett, Lawyer replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,689
Experience: 25 years experience as practicing attorney
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-Could you explain your situation a little more?

Is there any court order in effect for visitation?

Is there anything in your court ordered custody prohibiting him from taking the child out of state?

Has he been active in the child's life?
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Customer reply replied 8 years ago
He has court ordered visitation every other saturday. He has not been an active part in her life. He was not around the entire pregnancy, told me he wanted nothing to do with her, and moved out of state. He was not there when she was born, and made no attempt at contacting me about her (even though I had contacted him, with no response, when she was born) until now, she is now 9 months old. He has not seen her at all. The court order did not specify, because at the time it wasnt an issue, if he could take her out of state.
Family Lawyer: Dave Kennett, Lawyer replied 8 years ago
DearCustomer- I'm not certain how he was able to get visitation of an infant if he has had no contact however the only thing you can do is to file a motion with the court asking for a restraining order to keep him from removing the child reom the jurisdiction.

If he lives in NC I can't see how it would not be an issue with respect to visitation but you need to file a motion with the court to avoid being in contempt of the visitation order.

Dave Kennett
Dave Kennett
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