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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17124
Experience:  Licensed Texas General Practice Attorney
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Daughter in law threatens to leave enlisted son and father

Customer Question

daughter in law threatens to leave enlisted son and father of newborn (stepfather of two other of her kids) and go out of state with newborn. Prior children fathered by separate father, neither of whom appear to have contact. Methinks this is a long-running scam to exact support for herself, kids and her deadbeat parents. Can she legally leave? No court order in place.
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Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Unfortunately, yes, she could leave the state. A court order is what restricts custody / visitation of children. Without a court order that governs custody and access to the child, either parent could take possession of the child and move out of state, etc... The court order is what restricts the child to one parent and/or a location.

Note, however, that jurisdiction for a child custody / visitation case would remain in the state that they're living in now (for a period of six months following the move) per the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). After six months following the move, the jurisdiction would then transfer to the new state.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. 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 the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year 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!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Hello? 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. 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!

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Expert:  ScottyMacEsq replied 1 year 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!