Family law questions? Ask a family lawyer online.
Hi, my name is Stephen L, I am an attorney here with JA. I received a notification that you are seeking attention for your question. I have read your question and I would like to try to help you find a solution. Please note that while I try to answer questions in real time, there are occasions where I am not available but I promise I will get back to you if there is an open question.
Once we are done you will have the opportunity to “Accept” by pressing that you submit to accept the answer. The indication is on the upper right half of your question screen. This allows me to be credited for helping you, otherwise it remains an open question. You will also have an opportunity to rate my service to you.
If you think that there is a threat, you can file for an injunction with the court which would provide a court order restraining your spouse from doing so. If your spouse were to violate the order it could have criminal consequences - as well as consequences relating to custody or visitation rights. Normally, parents cannot take children outside the state without permission of the other parent - unless they can display to a judge that doing so is not meant to alienate the in-state parent, and that by taking them out of state is in the best interest of the child(ren).
If you would like to further discuss this further in detail, you can request a phone call by using the phone call option on your home page.
Here at JA, we strive for excellent service. If this answers your question, please indicate the rating of the question by pressing the appropriate number of stars you choose and pressing “Submit” The indication is on the upper right half of your question screen. This allows me to be credited for helping you. If you need more information, please let me know. Once you accept, you will be asked to rate the answer. I hope my answer is satisfactory to you and that you rate me accordingly. However if there is something lacking, please let me know and I will try to fix it if I can. Additionally, if you feel it is warranted, you may provide a bonus at your option. It would be greatly appreciated. Thank you for contacting us today.
Are you a recognized parent? On the birth certificate? Do you have any rights to see your son?
Yes, you obviously have rights and can bring an order to show cause in the family court based upon these facts.
You probably do not need to, but there is nothing to lose by doing so as an exhibit. The only way it would come into issue is if your spouse denies your parental relationship.
You would file in the family court in the county where your children live. You would need to file a motion or an order to show cause asking for a judicial injunction.