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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16840
Experience:  Licensed Texas General Practice Attorney
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Does the biological mother that the child resides with since

Customer Question

Does the biological mother that the child resides with since birth, on her insurance, has paid for basically everything for this child, have any right telling the biological father that has his name on birth certificate and child has his last name but
does not have court ordered child support that he can not take this child out of state since he basically walked away or out of the child's life 2 1/2 to 3 months ago and has maybe been in child's life or around baby for 5 months of his life? Where biological
mother was the one making the effort for the biological father to see his child? No effort put forth from the father.
Submitted: 2 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 2 years ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Assuming that the father is a "legal father" (has signed an acknowledgement of paternity, filed a paternity action, or is married to the mother at the time of birth), yhe mother could certainly tell the father that he can't take the child out of the state, but "telling" does not mean that it has the force of law. When there's no custody order or other order that governs the relationship of the parents, either parent has a right to the child, and as such the legal father could take the child out of the state. Now any case for custody would still need to be brought in North Dakota, even if the father takes the child out of state. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which Colorado is a signatory to, the state that originally had jurisdiction would have "continuing jurisdiction" over the matter until the state no longer had a substantial connection to the case. Under the UCCJEA, once a state court has made a custody determination, that state keeps jurisdiction over all matters concerning that child, unless: 1. A court of the state with jurisdiction determines that the child or the child and a parent do not have a significant connection with the state, AND evidence concerning the child's custody determination is not available in the state;2. A court of the state with jurisdiction, or any other state, determines that the child and both parents or acting parents do not reside in the state any longer. So without there being any order that says otherwise, either parent can take the child out of state, although it's possible that ND would still have jurisdiction over the case until 6 months have passed and the child has lived in the new state for that long, in which the new state would then have sole jurisdiction over that matter. Now if the father is not married to the mother, did not sign a voluntary acknowledgment of paternity (being on the birth certificate is not enough) and does not have a court order that says he's the father, then he really has no rights to the child yet. If he were to take the child out of state, the mother could report him for kidnapping. He could have a good case to establish paternity, but it's not assumed. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 2 years ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 2 years ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
Expert:  ScottyMacEsq replied 2 years ago.
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. ▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 2 years ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!